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Bombay High Court

JAYANTILAL JIWANBHAI PARMARversusDIPAK SHRIPAT KULKARNI AND ANR

Decided
Disposal
Disposed Off

Holding

The Court suspended the six‑month imprisonment pending the revision application and granted bail on cash bail of Rs.15,000 with a surety requirement.

Summary

The applicant was convicted by a Judicial Magistrate First Class in Nashik for an offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to six months' simple imprisonment and a compensation of Rs.15,00,000, which was later confirmed by the Additional Sessions Judge. The applicant filed an interim application seeking suspension of the sentence and bail, contending that he had been on bail during trial, had deposited the full compensation, and posed no flight risk. The State opposed the application, fearing the applicant might abscond if the sentence were suspended. The Court, noting the short term of imprisonment, the deposit of compensation, and the applicant’s prior bail compliance, ordered the suspension of the substantive sentence pending disposal of the revision application and released the applicant on cash bail of Rs.15,000 with a requirement to furnish a surety of the same amount within two months. The interim application was consequently disposed.

Issues considered

  • Whether the sentence of six months' imprisonment should be suspended pending disposal of the revision application.
  • Whether bail should be granted to the convicted applicant despite the conviction under Section 138 of the Negotiable Instruments Act.

Legislation cited

Subjects

  • Section 138 NI Act
  • suspension of sentence
  • bail
  • criminal revision
  • compensation
  • short term imprisonment

Judgment

                                                                                     501-IAST-17569-26 IN REVN-372-26.doc


                               N.S.Kamble


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                          INTERIM APPLICATION (ST) NO.17569 OF 2026
                                                            IN
                                        CRIMINAL REVISION APPLICATION NO.372 OF 2026

                               Mr.Jayantilal Jiwanbhai Parmar              ...Applicant
                               VERSUS
                               Shri.Dipak Shripat Kulkarni & Ors.          ...Respondents
            Digitally signed
                               ____________________________________________________________
NILAM   by NILAM
        SANTOSH
SANTOSH KAMBLE                 Ms.Rupali Chagan i/b Mr.Sanket Joshi and Mr.Shrikant Pawar, for the
KAMBLE Date: 2026.08.29
        16:06:17 +0530
                               Applicant.
                               Mr.S.M. Mangaonkar, APP, for the Respondent-State.
                               ____________________________________________________________
                                                                  CORAM : SHIVKUMAR DIGE, J.
                                                                  DATE           : 29th AUGUST 2026

                               P.C. :

                               .            This is an application for suspension of sentence and for bail.

                               2.           Heard learned counsel for the Applicant and learned APP.

                               3.           The Applicant was convicted by the learned Judicial Magistrate

                               First Class, Court No.-7, Nashik in S.C.C. No.2732 of 2020, for the offence

                               punishable under Section 138 of the Negotiable Instrument Act, 1881 and

                               sentenced to suffer Simple Imprisonment for six months and pay

                               compensation of Rs.15,00,000/-. The above sentence is confirmed by the

                               learned Additional Sessions Judge-6, Nashik.

                               4.           It is contention of the learned counsel for the Applicant that


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N.S.Kamble


during trial the Applicant was on bail. The Applicant has deposited entire

compensation amount. The Applicant is behind bar. The sentence imposed

on the Applicant is short term sentence and requested to allow the

Application.

5.           The learned APP strongly objected to allow the Application if

the sentence is suspended he may abscond. Hence, requested to reject the

Application.

6.           Considering the submission of both learned counsel as well as

sentence imposed on the Applicant is short term sentence. The Applicant

has deposited entire compensation amount. During trial Applicant was on

bail. He has not misused the liberty. Considering these facts, the sentence is

suspended till final disposal of the Revision Application.

7.           The Revision Application is disposed of in the following terms.

                                   ORDER

                 (i)    The substantive sentence of imprisonment awarded to

                 the applicant is hereby suspended pending disposal of the

                 Revision Application.

                 (ii)   The Applicant be released on cash bail of Rs.15,000/-

                 convicted in S.C.C. No.2732 of 2020 by Judicial Magistrate

                 First Class, Nashik, and confirmed by learned Additional


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N.S.Kamble


             Sessions Judge, Nashik on furnishing PR bond of the same

             amount.

             (iii)   The Applicant shall furnish surety of the same

             amount within two months after releasing from jail.

             (iv)    The bail bonds to be furnished before concerned

             learned Judicial Magistrate, Nashik.

             (v)     The Interim Application be registered for statistical

             purpose.

             (vi)    The Interim Application is disposed of.



                                              (SHIVKUMAR DIGE, J.)




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