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Bombay High Court

lnderlal Ramchand VarlianiversusThe State of Maharashtra

Decided
Disposal
Disposed Off

Holding

The court held that the short‑term sentence may be suspended and bail granted pending the final disposal of the revision.

Summary

The applicant, Inderlal Ramchand Varliani, was convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to two months' simple imprisonment and a compensation of Rs.4,50,000, with an additional month for default. He deposited the entire cheque amount before the High Court and applied for suspension of the sentence and bail. The court noted that the sentence was short‑term, the applicant had already been on bail during trial, and he had not misused his liberty. Considering the pending criminal revision, the court suspended the sentence and granted bail on a cash bail of Rs.10,000, with a requirement to furnish a surety of the same amount within two months. The interim application was allowed and the order disposed.

Issues considered

  • Whether a short‑term sentence imposed for an offence under Section 138 of the Negotiable Instruments Act can be suspended pending a criminal revision.
  • Whether bail can be granted to a convicted person under Section 138 after deposit of the cheque amount.

Legislation cited

Subjects

  • Section 138
  • Negotiable Instruments Act
  • cheque bounce
  • conviction
  • sentence suspension
  • bail
  • interim application
  • criminal revision

Judgment

                                                   907-IA-397-2026 (CR).doc


Shubhada S Kadam


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION

               INTERIM APPLICATION NO. 397 OF 2026
                                IN
           CRIMINAL REVISION APPLICATION NO. 55 OF 2026

Inderlal Ramchand Varliani                           ...Applicant
           Versus
The State of Maharashtra and ors.                    ...Respondents
_________________________________________________________________
Mr. Prashant P. Raut along with Mr. Suvaj Mhadgut, Advocate for
Applicant.
Mr. Prashant P. Jadhav, APP for Respondent-State.
_________________________________________________________________

                                    CORAM     :   SHIVKUMAR DIGE, J.
                                    DATE      :   6th FEBRUARY, 2026.
P.C. :

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

respondent No.1-State.

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

sentence and bail.

3.         It is contention of learned counsel for the applicant that the

applicant has been convicted for the offence punishable under Section 138

of the Negotiable Instruments Act 1881 and sentenced to suffer simple

imprisonment for two months and to pay compensation of Rs.4,50,000/-,

in default of payment of compensation amount, to suffer simple

imprisonment of one month. Learned counsel further submitted that the


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                                                                                907-IA-397-2026 (CR).doc


                      Shubhada S Kadam


                      applicant has deposited the entire cheque amount before this Court and

                      requested to allow the application.

                      4.         Learned APP strongly objected to allow the application.

                      5.         I have heard both learned counsel, perused the impugned

                      judgment and order.

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

                      The applicant has deposited the entire cheque amount before this Court.

                      During the trial, the applicant was on bail. He has not misused the liberty.

                      It may take time to dispose of the revision. 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      shall be released on cash bail of

                                            Rs.10,000/-.

                                 (ii)       The applicant shall furnish surety of the same amount

                                            within two months of his release from jail.

                      7.              Interim Application is allowed in the aforesaid terms and is

                      accordingly disposed of.
         Digitally
         signed by
         SHUBHADA
SHUBHADA SHANKAR
                      8.         All concerned to act on the authenticated copy of this order.
SHANKAR  KADAM
KADAM    Date:
         2026.02.07
         10:45:20
         +0530




                                                                         (SHIVKUMAR DIGE, J.)


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