Narhari S/O Govindrao Bhivgade v. Pranav S/O Baburao Likhar

68appr82.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO. 82 OF 2025 IN REVISION APPLICATION NO. ______ OF 2025 Narhari Govindrao Bhivgade Vs Pranav Baburao Likhar Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.S. Meshram, counsel for applicant.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 05/05/2025.

1.

The present application is for condonation of delay. 2.

Issue notice to the non-applicant, returnable after after four weeks.

Criminal Application (APPR) No. 96/2025 1.

By preferring this application, the applicant is seeking suspension of sentence and releasing him on bail. 2.

The applicant is convicted of the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to suffer simple imprisonment for a period of 3 months and to pay a fine of Rs.2,10,000/-. He is further directed to pay the amount of Rs. 2,09,000/- to the complainant as compensation under Section 357(3) of the Code of Criminal Procedure.

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68appr82.2025.odt 3.

Learned counsel for the applicant submitted that he has already deposited 20% of the compensation amount before the trial Court. He submitted that the son of the present applicant is suffering from various ailments, and therefore, he could not file the revision on time, but if the sentence is executed, then there would not be anybody to look after his family members. He has many arguable points in the present revision. In view of that, the execution of the sentence be suspended and he be released on bail.

4.

Issue notice to the respondent, returnable after four weeks.

5.

The execution of the sentence is hereby suspended till disposal of the revision.

6.

The applicant shall be released on bail on executing P.R. Bond of Rs. 25,000/- with one surety of like amount.. 7.

Stand over after Summer Vacation.

[URMILA JOSHI-PHALKE, J.] rkn