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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

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

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                                                               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.)




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