Anil Arjun Kolte v. Harshad Dattaram Angchekar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 929 OF 2026 IN CRIMINAL REVISION APPLICATION NO.154 OF 2026 Anil Arjun Kolte ...Applicant Vs.
Harshad Dattaram Angchekar and Ors.
...Respondents
VAISHALI ANIL by VAISHALI ANIL TIKAM Date: 2026.04.07 14:19:04 +0530 _________________________________________________________________ Mr. Brian Dlima, Advocate for Applicant.
Mr. S.R. Agarkar, APP for RespondentNo.1-State. _________________________________________________________________
CORAM
: SHIVKUMAR DIGE, J.
DATE : 30th MARCH, 2026.
P.C. :
1.
Heard learned counsel for the Applicant and learned APP for the State.
2.
By this Application, Applicant is seeking suspension of sentence, pending and hearing of the revision application. 3.
It is contention of learned counsel for the Applicant that Applicant has convicted by the learned Metropolitan Magistrate, 7th Court, Dadar, Mumbai in CC No. 737/SS/2017 by Judgment and Order dated 05/08/2025, for the offence under Section 138 of the Negotiable Instruments Act and sentenced him to pay fine of Rs.49,83,000/- and i/d to suffer SI for 6 months. Learned counsel further submits that cheque
amount was of Rs. 24,00,000/-, out of which, Applicant has deposited Rs.10,00,000/- before the Appellate Court and Rs.5,00,000/- before this Court. Total amount of Rs.15,00,000/- has been deposited by the Applicant. During trial, Applicant was on bail. It may take time to dispose of the Criminal Revision Application. Applicant is behind bars since 05/03/2026 and requested to allow the application. 4.
Learned APP strongly objected to allow the criminal application on the ground that there is concurrent finding against the applicant and requested to reject the interiml application. 5.
I have heard both learned counsel. Perused the impugned judgment and order.
6.
The cheque amount is of Rs.24,00,000. Out of which the Applicant has deposited Rs.15,00,000/-. Considering these facts as well as during trial the Applicant was on bail and the sentence imposed on the Applicant is short term sentence, I pass following order:
ORDER
(i) Interim Application No. 929 of 2026 is allowed. (ii) During pendency of the Revision Application, sentence against the applicant imposed by the learned Metropolitan Magistrate, 7th Court, Dadar, Mumbai in CC No. 737/SS?2017 by Judgment and Order dated
05/08/2025 and confirmed by the learned Additional Sessions Judge, Mazgaon, Mumbai is suspended.
(iii) Applicant be released on cash bail of Rs.20,000/- on same P.R. Bond.
(iv) Applicant shall furnish the surety within two months after releasing on bail.
(v) Interim Application is disposed on the aforesaid terms. (SHIVKUMAR DIGE, J.)