Ms Deva Realtors Pvt Ltd v. Farooq Ramzan Ali Vilani

107-IA-647 & 619-2026-suspension.doc S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 647 OF 2026 (for suspension) WITH INTERIM APPLICATION NO. 619 OF 2026 (for bail) IN CRIMINAL REVISION APPLICATION NO. 90 OF 2026 M/s Deva Realtors Pvt Ltd. and Ors.

Abrar Mohammed Yousuf Choudhary Shakila Abrar Choudhary ... Applicants by SONALI SATISH KILAJE Date:

2026.04.10 18:37:05 +0700 SONALI SATISH KILAJE

Versus

Farooq Ramzan Ali Vilani and Anr.

... Respondents _________________________________________________________________ Mr. Sushil S. Upadyay a/w. Mr. Amit G. Dubey i/b. Mr. Ashok M. Saraogi, Advocates for the Applicants.

Mr. Akshay S. Pansare i/b. Mr. Sachindra B. Shetye, Advocate for Respondent No.1.

Ms. Gauri Rao, APP for the Respondent No.2-State. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 8th APRIL, 2026.

P.C. :

1.

By both Interim Applications, the applicant Nos. 2 and 3 are seeking suspension of sentence and bail during the pendency of Revision Application.

2.

It is contention of learned counsel for the applicants that applicant No.2 and applicant No.3 have been convicted for the offence

107-IA-647 & 619-2026-suspension.doc S.S.Kilaje punishable under Section 138 of Negotiable Instrument Act. The applicant Nos. 2 and 3 are sentenced to suffer rigorous imprisonment for the period of 6 months and jointly pay fine of Rs.16,00,000/- and in default to suffer simple imprisonment for 1 month.

3.

Learned counsel further submits that during pendency of trial, the applicant Nos. 2 and 3 were on bail and they have not misused liberty. Hence, requested to allow the application.

4.

Learned APP strongly objected to allow Interim Applications. 4.

I have heard both learned counsel. Perused impugned Judgment and order. The sentence imposed on the applicant Nos. 2 and 3 is a short term sentence. During trial applicant Nos.2 and 3 were on bail. They have not misused liberty. Considering these facts, the sentence is suspended till final disposal of the Appeal. In view of above, I pass following order.

ORDER

i.

The applicant Nos. 2 and 3 be enlarged on bail on furnishing P.R.Bond in the sum of Rs. 25,000/- each, with one or two sureties in the like amount.

ii.

The bail bond to be furnished before the Trial Court. 5.

Both Interim applications are disposed of.

6.

All concerned to act on an authenticated copy of this order. (SHIVKUMAR DIGE, J.)