Bombay High Court
PRAKASH BHALCHANDRA SOHANIversusSHREE YADNYAVALKYA NAGARI SAHAKARI PAT SANSTHA LTD A'NAGAR THROUGH NIKHIL DINESH BHAKARE AND ANOTHER
- Disposal
- APPLICATION ALLOWED
- Bench
- ABHAY S WAGHWASE
Holding
The court held that, given the petitioner’s advanced age, health conditions, prior bail, and substantial deposit, the sentence should be suspended and bail granted pending the final disposal of the revision.
Summary
The petitioner, Prakash Bhalchandra Sohani, was convicted under Section 138 of the Negotiable Instruments Act in Summary Criminal Case No. 769/2014 and sentenced by a Judicial Magistrate First Class, a judgment later affirmed by the Additional Sessions Judge. He appealed the conviction (Criminal Appeal No. 187/2016), but the appeal was dismissed, leading him to file a revision application seeking suspension of the sentence and bail. The petitioner, over 70 years old with multiple ailments, had previously been on bail during trial and appeal proceedings and had deposited Rs.1,40,000 towards the cheque amount. The respondents opposed the relief, arguing that the full cheque amount was not deposited and the conviction was affirmed. The court, considering the petitioner’s age, health, prior bail, and the deposit made, found no reason to deny the relief and ordered the suspension of the sentence pending the revision and granted bail on a personal bond with surety.
Issues considered
- Whether the sentence imposed under Section 138 of the Negotiable Instruments Act should be suspended pending the final disposal of the revision application.
- Whether bail should be granted to the convicted petitioner during the pendency of the revision, considering his age, health, and prior deposit.
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Section 138 NI Act
- bail
- suspension of sentence
- revision
- age and health considerations
- summary criminal case
- deposit
Judgment
2026:BHC-AUG:6235
APPLN-3663.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3663 OF 2025
IN REVN/307/2025
Prakash Bhalchandra Sohani
VERSUS
Shree Yadnyavalkya Nagari Sahakari Pat
Sanstha Ltd, Ahmednagar and Anr
...
Mr. S. Y. Mahajan, Advocate for Applicant
Mr. S. S. Subhedar, Advocate for Respondent No. 1
Mr. S. G. Sangle, APP for Respondents
***
CORAM : ABHAY S. WAGHWASE, J
DATE : FEBRUARY 12, 2026
PC :
1. Present application is for suspension of substantive
sentence and grant of bail on account of conviction recorded by learned
JMFC, Ahmednagar in SCC No. 769/2014.
2. Learned Counsel fo Applicant pointed out that, Applicant
was prosecuted under Section 138 of Negotiable Instruments Act for
above referred SCC and he came be convicted by order dated
17.09.2016. That, seems to be challenged before Sessions Court vide
Criminal Appeal no. 187/2016, however, the same came to be dismissed
vide order dated 29.08.2025. Against the same, Revision has been
preferred recently. He pointed out that, Revision Petitioner is over 70
years of age and has several ailments. That, in proceedings before
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APPLN-3663.odt
learned JMFC as well as Sessions Court he was on bail. Even, over
Rs.1,40,000/- is already deposited. Therefore, during pendency of
Revision, he urges for above relief of suspension of sentence and grant of
bail.
3. Learned Counsels for Respondents opposes the above
contentions by stating that, both Trial Court as well as First Appellate
Court on complete appreciation has recorded the guilt and, therefore, as
entire amount of cheque is not deposited, they prays to reject the
application.
4. After hearing the above submissions and on going through
the papers, it is emerging that, applicant has faced trial vide SCC no.
769/2014 before learned 6th Court JMFC, Ahmednagar, who, on
appreciating the evidence, recorded the guilt of Applicant. Attempt to
question the same before Sessions Court by way of Criminal Appeal no.
187/2016 also seems to have gone futile as Appellate Court confirmed
the judgment of Trial Court. Now revision is preferred this Court and
the same is pending.
Taking into account statement across the bar, the nature of
offence, quantum of sentence and the fact that, Applicant is over 70
years of age and he was on bail during proceedings before both the
Court and also taking into account receipt of deposit paid to the tune of
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APPLN-3663.odt
Rs.1,40,000/-, there is no reason to refuse relief during pendency of the
Revision.
5. In view of above, following order:
ORDER
(a) Criminal Application stands allowed.
(b) Substantive sentence imposed on applicant by learned
Judicial Magistrate First Class, Ahmednagar, in
Summary Criminal Case No. 769/2014 vide judgment
and order dated 17.09.2016 and further confirmed by
learned Additional Sessions Judge, Dist. Ahmednagar in
Criminal Appeal No.187/2016 vide judgment and order
dated 29.08.2025, stands suspended till the final hearing
and disposal of present Criminal Revision Application.
(c) The applicant be released on bail on P.R. Bond of Rs.
15,000/- (Rupees fifteen thousand only) with one solvent
surety in the like amount.
(d) The applicant shall not commit any criminal activity.
(e) Bail before trial Court.
(ABHAY S. WAGHWASE, J.)
Umesh
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