Abhijit Raghunath Jagdale v. Ruksana Sahanur Shaikh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4713 OF 2025 IN CRIMINAL REVISION APPLICATION (ST) NO. 25322 OF 2025 Abhijit Raghunath Jagdale ... Applicant

Versus

Ruksana Sahanur Shaikh and Anr.

... Respondents -------------------- Mr. Kiran Jadhav along with Mr. Shubham Kadam, Mr. Vaibhav Kamble, for the Applicant.

Mr. Mayur S. Sonavane, APP for the Respondent-State. -------------------- CORAM : SANDESH D. PATIL, J.

DATE : 31st DECEMBER, 2025.

(VACATION COURT) P.C.:

1. By the present Application, the Applicant seeks suspension of sentence and further seeks release of the Applicant on bail during pendency of the Revision Application. Learned Counsel appearing for the Applicant states that, copy of the Application is served to Respondent and has also filed affidavit of service to that effect. 1/4

2. By the impugned judgment and order dated 05/12/2025, the learned Additional Sessions Judge, Baramati dismissed the Criminal Appeal No.27 of 2016 filed by the Applicant against the Order dated 21/03/2016 passed by the learned J.M.F.C., Baramati in S.C.C No.437 of 2013. By the judgment and order dated 21/03/2015, the Applicant has been held guilty and convicted of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and is sentenced to suffer simple imprisonment for a period of three months and to pay compensation of Rs.12,70,000/- and in default to undergo simple imprisonment for one and a half months.

3. The Applicant was arrested on 05/12/2025. The Applicant is in custody since 05/12/2025. The Applicant has deposited compensation of more than Rs.2,50,000/- on 24/04/2016 with the Registry of Additional District and Sessions Court, Baramati, Pune. 2/4

4. The matter has to be argued on length. However, taking into consideration that the Applicant was on bail during the trial as well as during the period when the Appeal was heard, further taking into consideration the fact that sentence is only for a period of three months, the present Interim Application No. 4713 of 2025 is allowed. Accordingly, I proceed to pass the following order.

ORDER

i.

The sentence passed vide the impugned judgment and order dated 21/03/2016 by the learned J.M.F.C., Baramati in S.C.C 437 of 2013 and further confirmed by the judgment and order dated 05/12/2025 passed by the learned Additional Session Judge, Baramati in C.R. No.27 of 2016 is stayed and suspended and the Applicant is directed to be released on bail on furnishing PR Bond of Rs.25,000/- with one or more solvent sureties of the like amount.

3/4

ii.

The Applicant to deposit an amount of Rs.5,00,000/- in this Court on or before 09/01/2026.

5. The Interim Application is disposed of.

6. List on the Criminal Revision Application on 20th January, 2026 for further consideration.

(SANDESH D. PATIL, J.) 4/4