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Bombay High Court

ABHIJEET UTTARESHWAR BARKULversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
APPLICATION ALLOWED

Holding

The court suspended the sentence and ordered the applicant’s release on bail, subject to the deposit of the remaining fine amount.

Summary

The applicant, convicted under Section 138 of the Negotiable Instruments Act, sought suspension of his six‑month simple imprisonment and fine of Rs.12,50,000, arguing that he was on bail during trial and appeal and had already deposited Rs.2,50,000. He further undertook to deposit an additional Rs.3,00,000 by 10 June 2026 and raised a revision challenging the lower courts' judgments. The respondent State opposed the relief. The bench, after reviewing the record, found prima facie merit in the applicant’s contention and, noting the pending revision, ordered suspension of the sentence and release on bail subject to the further deposit. The bail was conditioned on a personal bond and surety of Rs.50,000 each, with the order to stand vacated if the deposit was not made.

Issues considered

  • Whether a sentence imposed under Section 138 of the Negotiable Instruments Act can be suspended pending the final decision on a revision application.
  • Whether the convicted person, who has already deposited part of the fine, is entitled to bail after conviction.

Legislation cited

Subjects

  • Section 138 NI Act
  • suspension of sentence
  • bail after conviction
  • revision application
  • criminal procedure

Judgment

2026:BHC-AUG:21495
                                                                       905-APPLN-1838-26.odt




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                         CRIMINAL APPLICATION NO. 1838 OF 2026
                                         IN
                     CRIMINAL REVISION APPLICATION NO. 145 OF 2026

          Abhijeet Uttareshwar Barkul                           ..APPLICANT
                VERSUS
          State of Maharashtra and Another                      ..RESPONDENTS

                                               ....
          Mr. S.G. Kawade, Advocate for Applicant
          Mr. V.M. Chate, A.P.P. for Respondent no.1 - State
                                               ....

                                                     CORAM : ABHAY J. MANTRI, J.
                                                     DATE : 08th MAY 2026

          PER COURT :

          1.          Heard learned counsel for the Applicant and learned A.P.P. for

          Respondent No.1 – State. Perused the impugned judgments and orders.



          2.          The Applicant has preferred this Application for suspension of

          sentence awarded by learned J.M.F.C., Osmanabad vide judgment and order

          dated 03rd April, 2025 in S.C.C. No. 162 of 2020 and confirmed by learned

          Additional Sessions Judge, Osmanabad vide judgment and order dated 05 th

          May, 2026 in Criminal Appeal No. 13 of 2025, whereby convicted the

          Applicant for the offence punishable under Section 138 of the Negotiable

          Instruments Act and sentenced to suffer simple imprisonment for six months
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and to pay fine to the extent of Rs.12,50,000/- and in default to suffer simple

imprisonment for three months, and releasing him on bail.


3.         Learned counsel for the Applicant submitted that during the

pendency of the trial as well as the appeal, the Applicant was on bail.

However, after the judgment and order of the learned Additional Sessions

Judge, he was taken into custody on 05 th May, 2026, and has been in jail since

then. He further submitted that the Applicant has deposited Rs. 2,50,000/-

before the learned Sessions Court and on instructions undertakes to deposit an

additional Rs. 3,00,000/- in this Court on or before 10 th June, 2026. His

statement is accepted as an undertaking to the Court. He further submitted that

he has raised grounds in the Revision Application that the orders passed by the

learned Courts below are liable to be set aside. He, therefore, urged for the

suspension of sentence and the release of the Applicant on bail.


4.         Learned A.P.P. submitted to the order of the Court.


5.         Having considered the above submissions and having gone through

the record, prima facie, I found substance in the contention of learned counsel

for the Applicant. Apart from that, the Applicant has preferred a Revision

Application challenging the judgments and orders passed by both the Courts

below, which will take its own time to be finally decided.           Besides, the

Applicant has deposited Rs. 2,50,000/- before the learned Sessions Court and
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on instructions undertakes to deposit an additional Rs. 3,00,000/- in this Court

on or before 10th June, 2026. Having considered the same, in my view, it

would be appropriate to suspend the sentence passed by both the Courts below

and release the Applicant on bail.


6.         As such, the Criminal Application is allowed in terms of prayer clauses

[B] and [C], subject to the deposit of Rs. 3,00,000/- in this Court on or before

10th June, 2026, failing which this order shall stand vacated.


7.         The Applicant be released on bail on furnishing P.B. and S.B. of

Rs. 50,000/- (Rupees Fifty Thousand) with one solvent surety in the like

amount. Bail before the learned Trial Court.


8.         Application is disposed of.




                                                    ( ABHAY J. MANTRI, J. )
SSD




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