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Bombay High CourtAPPLN/941/2026disposed off

Raju Chhaburao Ingle v. Vaijapur Nagari Patsanstha, Maryadit, Vaijapur, Through Its Manager Mahesh Sadashiv Talkalkar

2026-03-10Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2026:BHC-AUG:10067 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 941 OF 2026 IN REVN/83/2026 WITH CRIMINAL REVISION APPLICATION NO. 83 OF 2026 RAJU CHHABURAO INGLE

VERSUS

VAIJAPUR NAGARI PATSANSTHA, MARYADIT, VAIJAPUR, THROUGH ITS MANAGER MAHESH SADASHIV TALKALKAR ......

Advocate for Applicant : Mr. Shaikh Mujtaba Gulam Mustafa ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 10 MARCH 2026 PER COURT :

1.

Criminal Application No. 941 of 2026 is for suspension of sentence and grant of bail on account of conviction recorded by learned Judicial Magistrate First Class, Court No.3, Vaijapur by judgment and order dated 01.04.2023 passed in S.C.C. No. 138 of 2019, which is confirmed by learned Additional Sessions Judge, Vaijapur by judgment and order dated 02.03.2026 passed in Criminal Appeal No.06 of 2023.

2.

Learned counsel for applicant pointed out that, present applicant was tried vide S.C.C. No. 138 of 2019 for commission of offence under Section 138 of Negotiable Instruments Act and he

-2came to be convicted by learned trial Court sentencing him to suffer one year imprisonment. That, said order was challenged before the Court of Additional Sessions Judge, Vaijapur, but the same came to be dismissed. According to learned counsel, sentence awarded is of one year, and the learned trial Court has directed payment of compensation. That, there is no fine amount imposed by the learned trial Court while awarding sentence. He further submitted that, applicant was on bail before the learned trial Court as well as First Appellate Court. He pointed out that, now, applicant has preferred revision before this Court recently and it will take long time to be heard. Consequently, during pendency of revision, he urged to suspend the sentence and grant bail. 3.

Today matter was moved by way of urgent circulation and the notice is yet to be issued.

4.

After considering the above submissions, the nature of proceedings, quantum of sentence and taking into account the fact that the applicant was on bail before both the courts below and as there are no immediate chances of hearing the revision, the relief as prayed deserves to be granted. Hence, the following order is passed:

-3ORDER I.

Criminal Application stands allowed.

II.

The substantive sentence imposed on the applicant Raju Chhaburao Ingle in S.C.C. No.138 of 2019 by the learned J.M.F.C., Court No.3, Vaijapur, on 01.04.2023, which is confirmed by learned Additional Sessions Judge, Vaijapur by order dated 02.03.2026 in Criminal Appeal No.06 of 2023, stands suspended till the final hearing and disposal of Criminal Revision Application No.83 of 2026.

III. The applicant be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one solvent surety in the like amount.

IV. The applicant shall not commit any criminal activity. V.

Bail before the trial court.

VI. Criminal Application No. 941 of 2026 is accordingly disposed off.

VII. Issue notice to the respondent in Criminal Revision Application No. 83 of 2026, to be made returnable on 07.04.2026.

(ABHAY S. WAGHWASE, J.) Tandale