RAFIK KHAJAMIYA DESHMUKHversusPRADIP NARAYAN SABLE

2026:BHC-AUG:42518


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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             CRIMINAL APPLICATION NO. 3812 OF 2026
                                                WITH
                        CRIMINAL REVISION APPLICATION NO. 314 OF 2026

                                   RAKIK KHAJAMIYA DESHMUKH
                                            VERSUS
                                     PRADIP NARAYAN SABLE

                                         …..
                 Mr. A.A. Sheikh h/f Mr. R.V. Gore, Advocate for Applicant.
                                         .....

                                              CORAM : SUSHIL M. GHODESWAR, J.
                                                      THR. V.C.
                                                Dated : 16th SEPTEMBER 2026

                 ORDER :

                 CRIMINAL APPLICATION NO. 3812 OF 2026


                 1.          The instant criminal application is for suspension of

                 sentence and grant of bail on account of conviction recorded by

                 learned Judicial Magistrate First Class, Ghansawangi, vide judgment

                 and order dated 08.09.2025, in S.C.C. No.10 of 2021 and confirmed

                 the said judgment by learned Additional Sessions Judge, Ambad, vide

                 judgment and order dated 11.09.2026, in Criminal Appeal No.02 of

                 2025, for an offence punishable under Section 138 of the Negotiable

                 Instruments Act, 1881.
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2.          Learned Counsel for the applicant submits that the

present applicant was tried by the trial court for the aforesaid offence

and sentenced to suffer simple imprisonment for one month and also

directed to pay the compensation of Rs.10 Lakh to the complainant

and on failure to pay the compensation, he is directed to suffer simple

imprisonment for one month. He submits that, being aggrieved by the

said judgment and order of the trial court, the present applicant had

preferred an appeal before the appellate court. However, the

appellate court has dismissed the appeal. Against the same, the

instant revision application has been preferred.


3.          Learned Counsel for the applicant further submits that

there are strong and valid grounds raised in the criminal revision

application and there is bright chance that the applicant would

succeed in the revision application. He submits that the applicant was

on bail during the pendency of the proceedings before the courts

below and he has not misused the liberty granted. He submits that

there is false implication and therefore, the present revision

application is preferred, but the same would take long time to be

heard and decided. As such, the sentence is required to be suspended

and the bail be granted. Learned Counsel for the applicant submits

that the applicant is ready to deposit 20% of amount of compensation

as directed by this Court.
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4.             After considering the submissions and taking into

account that the applicant was on bail during the pendency of the

proceedings before the courts below and the fact that the Criminal

Revision Application having been filed in 2026, would take long time

to be heard and decided. Therefore, the sentence awarded is required

to be suspended, however, subject to depositing 20% of compensation

amount awarded by the trial court. Hence, following order is passed.


                                 ORDER

      i)       The criminal application is allowed.


      ii)      The substantive sentence imposed on the applicant by
      learned Judicial Magistrate First Class, Ghansawangi, vide
      judgment and order dated 08.09.2025, in S.C.C. No.10 of
      2021 and confirmed the said judgment by learned Additional
      Sessions Judge, Ambad, vide judgment and order dated
      11.09.2026, in Criminal Appeal No.02 of 2025, for an offence
      punishable under Section 138 of the Negotiable Instruments
      Act, 1881, stands suspended till final hearing and disposal of
      Criminal Revision Application No.314 of 2026, subject
      to deposit of 20% of compensation amount in the trial
      court.


      iii)     The applicant be released on bail on furnishing P.R.
      Bond of Rs.25,000/- (Rupees Twenty Five Thousand Only)
      with one surety in the like amount.
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      iv)    The applicant shall remain present before the trial court
      once in a year, till final hearing and disposal of the Criminal
      Revision Application, commencing from the date he tenders
      bail papers and thereafter, the trial court to fix dates for his
      subsequent appearances.

      v)     In case of any default on the part of the applicant to
      remain present before the trial court, the trial court to inform
      this Court about the same and in that eventuality, the
      prosecution would be at liberty to file an application for
      cancellation of the bail granted to the applicant.

      vi)    Bail before the trial court.


CRIMINAL REVISION APPLICATION NO. 314 OF 2026


5.          Heard.


6.          Issue Notice to the respondent returnable on 14.10.2026.


7.          Call record and proceedings from the concerned court.


8.          Parties to act on the copy of this order downloaded from

the official website of the Bombay High Court.




                                            (SUSHIL M. GHODESWAR, J.)

asd