Sachin Rajgonda Patil v. Vishwasrao Naik Shakari Sakhar Kharkhana Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 150 OF 2026 IN CRIMINAL REVISION APPLICATION NO. 14 OF 2026 Sachin Rajgonda Patil ....Applicant

VERSUS

Vishwasrao Naik Shakari Sakhar Kharkhana Ltd and anr ....Respondents Mr. Paras Yadav, Advocate for Applicant Dr. A. A. Takalkar APP for the State

CORAM

:

SACHIN S. DESHMUKH, J.

DATE :

7th MARCH 2026.

P.C.

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

By this application the applicant is seeking suspension of sentence imposed upon him by learned Judicial Magistrate First Class, Shirala, District Sangli in S.C.C. No. 581/2020 and confirmed by learned Addl. Sessions Judge, Islampur in Criminal Appeal No. 01/2024.

3.

Applicant has been convicted for offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to suffer simple imprisonment for three months and fine of Rs. 70,000/- (Rs. Seventy Thousand Only)

4.

Learned counsel for the applicant submits that part fine amount is paid and balance would be paid by the applicant after he is released. The applicant was on bail during the trial and has not misused the liberty. Hence, requested to allow the application. 5.

It is contention of learned APP that prosecution has proved the case beyond the reasonable doubt. The Trial Court has rendered a well reasoned order and same is endorsed by the Appellate Court, as such, no interference is warranted. Hence, requested to reject the application.

6.

I have heard both learned counsel, perused impugned Judgment and Order. The applicant was on bail during the trial and has not misused the liberty. The sentence imposed upon the applicant is a short term sentence. Nonetheless, this Court would not be in a position to take up the present revision application for final hearing in the near future. Hence, following order.

O R D E R

I.

The application is allowed.

II.

The substantive sentence of imprisonment imposed upon the applicant by learned Judicial Magistrate, First Class, Shirala, District Sangli in S.C.C. No. 581/2020 and confirmed by learned Addl.

Sessions Judge, Islampur in Criminal Appeal No. 01/2024, is hereby suspended.

III.

The applicant be enlarged on bail on furnishing PR Bond in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand Only) and one solvent surety in the like amount.

IV.

Applicant shall mark his presence before the learned Judicial Magistrate First Class, Shirala once in three months on the date assigned by the concerned Court.

7.

The application is disposed of accordingly.

(SACHIN S. DESHMUKH, J.) IRESH MASHAL IRESH MASHAL Date: 2026.03.10 20:39:30 +0530