Bombay High Court
DHANANJAY R. TIWARIversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
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
- Negotiable Instruments Act — s. 138
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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