PRASHANT BHAGWANSING KACHWAversusSANTKUMAR BHALCHANDRA JAIN

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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

       901 CRIMINAL APPLICATION NO. 3641 OF 2026
                       IN / WITH
     CRIMINAL REVISION APPLICATION NO. 286 OF 2026

              PRASHANT BHAGWANSING KACHWA
                         VERSUS
               SANTKUMAR BHALCHANDRA JAIN
                                  …..
Mr R. R. Shaikh, Advocate h/f Mr A. S. Bayas, Advocate for Applicant
Mr S. S. Panale, Advocate for Respondent
                                …..
                         CORAM : SUSHIL M. GHODESWAR, J.

                             DATE : 02nd SEPTEMBER, 2026
P. C. :


          CRIMINAL APPLICATION NO. 3641 OF 2026


1.            Mr Panale, learned Advocate appears and states that he

has instructions to appear on behalf of the respondent.


2.            This is an application for suspension of substantive

sentence and grant of bail by virtue of conviction imposed upon the

applicant vide order dated 11/07/2022, passed by the learned 15th

Judicial Magistrate First Class, Aurangabad in S.C.C. No.301564/2013

and confirmed vide order dated 14/08/2026, passed by the learned

Additional    Sessions   Judge, Aurangabad       in   Criminal Appeal

No.95/2022.
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3.            Heard learned Advocate Mr Shaikh, holding for Advocate

Mr Bayas for applicant and learned Advocate Mr Panale for

respondent.


4.            Learned Advocate Mr Shaikh for applicant submits that,

there are strong and valid ground raised in this revision application and

there are strong likelihood of the applicant succeeding in the revision

application. He submits that learned Sessions Court, while suspending

sentence, directed the applicant to deposit Rs.3,00,000/-. The said

amount has been deposited by the applicant. He then submits that the

said amount is more than 25% of the fine amount as directed by the

learned Trial Court.     He, therefore, submits that, now since the

applicant has already deposited more than 25% amount, as directed by

the learned Trial Court, he may not be directed to pay some additional

amount, till the final disposal of the instant revision application. He,

thus, prays for allowing the application for suspension of sentence.


5.            Per contra, Mr Panale, learned Advocate for respondent

strongly opposes the application for suspension of sentence. He

submits that the applicant may be directed to pay some more amount

during the pendency of this revision application.
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6.           After hearing the learned Advocates for the respective

parties I have considered the facts and circumstances of the case.

Though learned Advocate for applicant requests that the applicant may

not be directed to pay some additional amount, however, since the

compensation of amount of Rs.12,00,000/- was directed to be paid by

the applicant to the respondent, it would be just and proper to direct

the applicant to deposit Rs.3,00,000/- before this Court, during the

pendency of this revision application.


7.           In view of above discussion, in my opinion, substantive

sentence imposed upon the applicant deserves to be suspended,

subject to payment of Rs.3,00,000/- prior to next date of hearing.


8.           Accordingly, execution of the substantive sentence of

imprisonment passed against the applicant by the trial Court is hereby

suspended, subject to the following conditions:-


      (I)          Criminal Application stands allowed.

      (II)         The substantive sentence imposed upon the

      applicant vide order dated 11/07/2022, passed by the learned 15th

      Judicial   Magistrate   First     Class, Aurangabad    in   S.C.C.

      No.301564/2013 and confirmed vide order dated 14/08/2026,
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       passed by the learned Additional Sessions Judge, Aurangabad in

       Criminal Appeal No.95/2022, is hereby suspended till the final

       hearing and disposal of the criminal revision application.

       (III)         The applicant shall be released on bail upon

       executing a personal bond in the sum of Rs.25,000/- with one or

       two local sureties of the like amount to the satisfaction of the

       learned trial court.

       (IV)          Bail before the Trial Court.



      CRIMINAL REVISION APPLICATION NO. 286 OF 2026


9.             Heard learned Advocate Mr Shaikh, holding for Advocate

Mr Bayas for applicant and learned Advocate Mr Panale for

respondent.


10.            Learned Advocate for applicant submits that, he is ready

and willing to argue the revision application on merits at the stage of

admission.


11.            Issue notice to the respondent, returnable on 30/09/2026.

Mr Panale, learned Advocate waives service of notice on behalf of

respondent.
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12.         Since certain legal grounds are raised in the instant

revision application, record and proceedings from the concerned Trial

Court be called.



                                   [SUSHIL M. GHODESWAR, J.]
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