Bombay High Court
Devidas Dadaji KuwarversusSharad Jagannath Pawar
- Decided
- Disposal
- Disposed Off
Holding
The Court suspended the substantive sentence pending the revision application and released the applicant on bail with stipulated conditions.
Summary
The applicant, Devidas Dadaji Kuwar, was convicted under Section 138 of the Negotiable Instruments Act by the Chief Judicial Magistrate Court, Malegaon, and sentenced to two years' simple imprisonment with a compensation order of Rs.30 lakh, later reduced to Rs.22.5 lakh by the Sessions Judge. The applicant had deposited Rs.4,50,000 during trial and subsequently paid a total of Rs.44,50,000 towards the cheque amount of Rs.65 lakh. While in custody, the applicant filed an interim application seeking suspension of the sentence and release on bail, asserting that he had not misused his liberty while on bail earlier. The Court, after hearing counsel, ordered that the substantive sentence be suspended pending disposal of the revision application and released the applicant on cash bail of Rs.20,000 with a personal bond of the same amount. The Court also required the applicant to furnish a surety of Rs.20,000 within one month of release and to deposit further amounts as promised. The interim application was consequently disposed of.
Issues considered
- Whether the sentence imposed under Section 138 of the Negotiable Instruments Act may be suspended pending the disposal of a revision application
- Whether the applicant is entitled to release on bail with specified cash bail and personal bond conditions
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Section 138
- Negotiable Instruments Act
- sentence suspension
- bail
- revision application
- criminal procedure
Judgment
75-REVN-520-2026 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3409 OF 2026
IN
REVISION APPLICATION NO. 520 OF 2026
Devidas Dadaji Kuwar ...Applicant/s
VERSUS
Sharad Jagannath Pawar & Anr. ...Respondent/s
Digitally signed
_____________________________________________________________________
SONALI by SONALI
SATISH KILAJE
SATISH Date:
2026.10.09
KILAJE +0530
16:54:49
Mr. Jayendra Khairnar a/w. Ms. Gauri Kulkarni, Advocate for Applicant.
Smt. Ranjana D. Humane, APP for the Respondent-State.
_____________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 8th OCTOBER, 2026.
P.C. :
1. Heard learned counsel for the applicant.
2. It is contention of the leaned counsel for the applicant that applicant was
convicted under Section 138 of Negotiable of Instrument Act by Chief Judicial
Magistrate Court, Malegaon, and sentenced to suffer two years of simple
imprisonment and pay compensation of Rs.30 lakh along with interest. The
learned Session Judge, Malegaon, has modified the conviction order and
reduced the compensation amount from Rs. 30 lakh to Rs. 22,50,000/-. The
cheque amount was of Rs.15 lakh and the applicant has deposited total Rs.
4,50,000/-. The applicant is behind bar from 31.08.2026. During trial the
applicant was on bail. He has not misused the liberty and requested to allow
the application and suspend the sentence. Learned counsel further submitted
that in all four cheques were issued by the applicant. Total amounting to Rs.65
lakhs out of this amount the applicant has deposited Rs.19,50,000/- before the
1 of 2
75-REVN-520-2026 (CR).doc
S.S.Kilaje
Appellate Court and Rs.25 lakh is deposited before this Court. So, the applicant
has deposited total Rs.44,50,000/- out of cheque amount of Rs.65 lakh.
Learned counsel for the applicant on instructions submits that the applicant
will deposit Rs.10 lakh within 15 days after releasing from jail and Rs.10 lakh
within five months from today.
3. 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
Application, on the following terms and conditions.
ORDER
(i) The substantive sentence imposed on the applicant is
suspended till disposal of the Revision Application.
(ii) The applicant be released on bail on furnishing cash bail of
Rs.20,000/- and P.R. Bond of the same amount.
(iii) The applicant shall furnish the surety amount of the same
amount within one month after released from the jail.
4. Interim application stands disposed of.
5. All concerned to act on an authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
1 of 2
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.