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Bombay High CourtAPPLN/572/2026application allowed

Pravin Manikchand Mahtole v. Harjot Singh Charanpal Singh Batra

2026-02-10Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2026:BHC-AUG:5709 -1- 909-APPLN-572-2026(Suspention)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CRIMINAL APPLICATION NO. 572 OF 2026 IN REVN/48/2026 PRAVIN MANIKCHAND MAHTOLE

VERSUS

HARJOT SINGH CHARANPAL SINGH BATRA ......

Advocate for Applicant : Mr. Vikas S. Bhale ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 10 FEBRUARY 2026 PER COURT :

1.

Present application is for suspension of sentence and grant of bail on account of judgment and order of conviction dated 12-05-2022 passed by learned Judicial Magistrate First Class, Aurangabad in Summary Criminal Case No. 984 of 2016 for offence under Section 138 of the Negotiable Instruments Act (NI Act) and as affirmed by learned Additional Sessions Judge, Aurangabad by judgment and order dated 17-01-2026 passed in Criminal Appeal No.79 of 2022.

2.

Learned counsel for applicant, makes a statement that he has already been deposited 20% of the cheque amount. He submits that applicant was on bail during trial. That, sentence awarded by the learned trial Court is for two months. That, applicant has a good case on merits in revision, however, as

-2- 909-APPLN-572-2026(Suspention) revision is filed in 2026, it will take time to hear and decide. Therefore, learned counsel prays for suspension of sentence and grant of bail during pendency of revision application. 3.

Taking into account the quantum of sentence and as there are no immediate prospects of hearing of the revision, which is filed in 2026, application for suspension of sentence deserves to be allowed. Hence, following order :

ORDER

(i) Criminal Application No.572 of 2026 is allowed. (ii) The substantive sentence imposed on the applicant by the learned 11th Judicial Magistrate First Class, Aurangabad, in S.C.C. No.984 of 2016 and confirmed by learned Additional Sessions Judge, Aurangabad on 17-01-2026 in Criminal Appeal No.79 of 2022, stands suspended till final hearing and disposal of Criminal Revision Application No. 48 of 2026.

(iii) Applicant - Pravin Manikchand Mahtole be released on P.R. Bond of Rs.15,000/- (Rs. Fifteen thousand only) with one solvent surety in the like amount.

(iv) Bail before the trial Court.

(ABHAY S. WAGHWASE, J.) Tandale