Bombay High Court

SHANTILAL MANGILAL RATHODversusLOBHA KALURAM RATHOD AND ANOTHER

Disposal: APPLICATION ALLOWED
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The sentence in S.C.C. No.5392/2022 is suspended subject to the applicant depositing the required amount within four weeks.

Summary

The applicant, Shantilal Mangilal Rathod, filed a criminal application seeking suspension of the sentence imposed in S.C.C. No.5392/2022, which was passed by the Judicial Magistrate First Class, Aurangabad, on 04 July 2023 and confirmed by the Sessions Court in Criminal Appeal No.252/2024. The applicant argued that he was not present before the appellate court and that a conviction warrant had been issued against him; he offered to deposit 20% of the cheque amount as security. The Court, after hearing counsel, allowed the application and ordered that the sentence be suspended, subject to the applicant depositing the stipulated amount within four weeks. The order was pronounced by Justice Siddheshwar S. Thombre of the Bombay High Court, Aurangabad Bench.

Issues considered

Whether the sentence in S.C.C. No.5392/2022 can be suspended pending deposit of security
Whether the applicant's non‑appearance before the appellate court justifies suspension of the sentence

Subjects

criminal revision
suspension of sentence
conviction warrant
deposit of security
appellate court non‑appearance

Judgment

2026:BHC-AUG:21962
                                              1 of 2                912-APPLN.1937.2026



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                         912 CRIMINAL APPLICATION NO. 1937 OF 2026
                                      IN REVN/92/2026

                                  SHANTILAL MANGILAL RATHOD
                                              VERSUS
                             LOBHA KALURAM RATHOD AND ANOTHER
                                                ...
               Mr. Shivaji Namdevrao Dudhate, Advocate for Applicant.
               Mr. D. R. Korde, APP for Respondent-State.
                                                ...

                                           WITH
                        CRIMINAL REVISION APPLICATION NO. 92 OF 2026

                                  SHANTILAL MANGILAL RATHOD
                                              VERSUS
                             LOBHA KALURAM RATHOD AND ANOTHER
                                                …
               Mr. Shivaji Namdevrao Dudhate, Advocate for Applicant.
               Mr. D. R. Korde, APP for Respondent-State.
               Mr. Sanjaykumar B. Chavan, Advocate for Respondent No.1.
                                                ...

                                      CORAM :          SIDDHESHWAR S. THOMBRE, J.
                                      DATE     :       21st MAY, 2026
                                                       (VACATION COURT)
               P.C.:-

               CRIMINAL APPLICATION NO. 1937 OF 2026:-

               1.       Heard learned Advocates for the respective parties.


               2.       By the present application, the Applicant seeks suspension of

               sentence in S.C.C. No.5392 of 2022 passed by the learned J.M.F.C.,

               Court No.14, Aurangabad vide its order dated 04.07.2023 and

               confirmed by the learned Sessions Judge, Aurangabad in Criminal
                                             2 of 2              912-APPLN.1937.2026



          Appeal No.252 of 2024.


          3.        Mr. Dudhate, learned Advocate for the Applicant submits that

          as the applicant was not present before the Appellate Court. In view of

          the conviction warrant is issued against the Applicant. He is ready to

          deposit 20% of the cheque amount.


          4.        In view thereof, the application is allowed in terms of prayer

          clause (B).


               “(B). The sentence in S.C.C. No.5392/2022 passed by J.M.F.C.
                     Aurangabad by its order dated 04/07/2023 and confirmed by
                     the Sessions Court in Criminal Appeal No.252/2024 by its
                     order dated be suspended.”

          5.        The Applicant to deposit the amount in this Court within a

          period of four weeks from today.

                                               (SIDDHESHWAR S. THOMBRE, J.)

Tauseef

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