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Bombay High CourtIA/376/2026disposed off

Rashida Reshma Mohammed Rafique Kazi v. The State Of Maharashtra

2026-02-09Hon'Ble Shri Justice Shivkumar Dige2 pages

138-IA-376-2026.doc N.S.Kamble IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 376 OF 2026 IN REVN/54/2026 Rashida Reshma Mohammed Rafique Kazi ... Applicant

Versus

The State of Maharashtra ... Respondent ________________________________________________________ by NILAM SANTOSH KAMBLE Date:

2026.02.11 14:35:10 +0530 NILAM SANTOSH KAMBLE Mr.Akash Shrivastav i/b Mr.A.B. Sharma, for the Applicant. Mr.B.B. Kulkarni, APP for Respondent-State.

________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 9th FEBRUARY 2026 P.C. :

.

Heard learned counsel for the Applicant and the learned Additional Public Prosecutor.

2.

By this Application, the Applicant is seeking suspension of sentence.

4.

The learned counsel for the Applicant submit that the Applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act,, 1881 ('NI Act' for short) for

138-IA-376-2026.doc N.S.Kamble the period of one month and pay fine of Rs.3 lakhs in default to suffer simple imprisonment for 15 days. The Applicant is behind bars for more than 21 days and requested to allow the Application. 5.

I am deciding this Application without issuing notice to the Respondent as the Applicant is behind bars for 21 days out of 30 days. 6.

The learned counsel for the Applicant undertakes to deposit remaining cheque amount within one weeks after release. 7.

Considering these facts I pass following order.

ORDER

(i) The substantive sentence of imprisonment awarded to the applicant is hereby suspended pending disposal of the appeal. The Applicant be released on cash bail of Rs.10,000/- with P.R. bond of same amount. (ii) The Criminal Application is disposed of.

(SHIVKUMAR DIGE, J.)