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
- Negotiable Instruments Act, 1881 — s. 138
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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