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Bombay High Court

DHANANJAY R. TIWARIversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court held that the applicant is entitled to suspension of the sentence and bail pending the hearing and final disposal of the revision.

Summary

The applicant, Dhananjay R. Tiwari, was convicted under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment until the rising of the court and a fine of Rs.20,00,000. He deposited Rs.10,00,000 of the fine and applied for suspension of the sentence and bail pending the hearing of a criminal revision. The learned counsel argued that the applicant had previously been on bail during trial and had not misused his liberty. The Court considered the short‑term nature of the sentence and the pending revision, and ordered that the sentence be suspended and the applicant be released on bail subject to a personal bond of Rs.25,000 with one or two sureties. The bail bond is to be furnished before the Trial Court, and the interim application was disposed.

Issues considered

  • Whether a person convicted under Section 138 of the Negotiable Instruments Act is entitled to suspension of sentence and bail pending a criminal revision.
  • Whether partial payment of the fine influences the grant of bail.

Legislation cited

Subjects

  • Section 138
  • Negotiable Instruments Act
  • bail
  • suspension of sentence
  • criminal revision
  • fine
  • interim application

Judgment

                                                     92-IA-3398-2022 (CR).docx


Rohit Ghuge


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 3396 OF 2022
                                   IN
              CRIMINAL REVISION APPLICATION NO. 383 OF 2022

Dhananjay R. Tiwari                             ….Applicant
versus
The State of Maharashtra and anr.               …Respondents
_________________________________________________________________

Mr. Shrinidhi S. Sonak i/b. Mr. Jugal Kanani, Advocate for Applicant.
Mr. S. M. Mangaonkar, APP for Respondent-State.
Mr. Sandip Sawant, API, present.
_________________________________________________________________

                                     CORAM      :    SHIVKUMAR DIGE, J.
                                     DATE       :    10th APRIL, 2026.
P.C. :

1.            Not on board.

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

respondent-1-State.

3.            By this application, the applicant is seeking suspension of

sentence and bail during the pendency of revision.

4.            The applicant has been convicted for offence punishable under

Section 138 of the Negotiable Instruments Act and has been sentenced to

undergo simple imprisonment till rising of the Court and to pay fine of

Rs.20,00,000/




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                                                        92-IA-3398-2022 (CR).docx


Rohit Ghuge




4.            Learned counsel for the applicant submitted that the applicant

has deposited Rs.10,00,000/- out of cheque amount of Rs.20,00,000/-.

Hence, requested to allow the application.

5.            The sentence imposed on the applicant is short term sentence..

During the trial, the applicant was on bail and he has not misused the

liberty. It may take time to dispose of the revision.

6.            In view of above, the applicant’s sentence is suspended and he

is enlarged on bail, pending the hearing and final disposal of the revision

on the following terms and conditions:

                                     ORDER

       i. The applicant be enlarged on bail on furnishing

              P. R. Bond in the sum of Rs.25,000/- each with one

              or two sureties in the like amount.

       ii. The bail bond to be furnished before the Trial Court.

              Interim Application stands disposed of.

7.            All concerned to act on the authenticated copy of this order.

8.            List the criminal revision on board on 6th May 2026.



                                                 (SHIVKUMAR DIGE, J.)


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