R/CR.MA/21829/2025 ORDER DATED: 15/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 21829 of 2025 ========================================= REHANKHAN RASHIDKHAN PATHAN Versus STATE OF GUJARAT & ANR. ========================================= Appearance: VORA MOHAMMADALI FARUK(11388) for the Applicant(s) No. 1 MR NIRAJ SHARMA, APP for the Respondent(s) No. 1 ========================================= CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 15/10/2025 ORAL ORDER 1. By way of preferring the present application, the applicant has sought to challenge the judgment and order of conviction and sentence passed by the learned trial Court for the offence punishable under Section 138 of the NI Act which has been confirmed by the learned first appellate Court. 2. Learned advocate Mr Vaibhav N. Sheth appearing on behalf of the learned advcaote Mr. Vora Mohammadali Faruk for the applicant submits that the applicant is in jail since 24/09/2025. It is further submitted that the applicant has already deposited 20% of the cheque amount before the concerned Court and now ready and willing to deposit 50% of the cheque amount at the time of the execution of bond. 3. Per contra, the learned APP opposed the application, submitting that earlier the accused had breached the conditions imposed while granting bail and was found absent from the given address. It was only after continuous efforts by the police that he R/CR.MA/21829/2025 ORDER DATED: 15/10/2025 was traced and arrested. However, it further transpires from the record that the earlier irregularity in appearance was not deliberate. 4. Considering the arguments advanced by the learned advocate for the applicant – accused, perusing the judgment passed by the learned Court below and also considering the period of sentence imposed upon the present applicant – accused and considering the fact that applicant – accused is in the judicial custody, the sentence imposed upon the applicant – accused is required to be suspended and meanwhile, the present applicant – accused is required to be released on bail. 5. RULE. The learned APP waives service of Rule for the respondent – State. 6. Meanwhile, the sentence imposed upon the applicant – accused by the learned trial Court under Section 138 of the Negotiable Instruments Act is hereby suspended till final disposal of the present revision application. Since the present applicant – accused is in judicial custody, the applicant – accused is ordered to be released on bail, if he is not required in any other offence, on the following terms and conditions:- (i) The applicant shall deposit 50% of the amount towards the arrears at the time of the execution of bond before the learned Trial Court, (ii) The applicant shall file usual Undertaking before this Court. (iii)The applicant shall provide his address proof and shall not change address without permission of this Court. Page 2 of 3 R/CR.MA/21829/2025 ORDER DATED: 15/10/2025 (iv)The applicant shall also provide his mobile number as well as mobile number of his wife and shall not change the same. (v) The applicant shall also provide mobile number of surety. 7. In case of non-compliance, the order of this Court would not come in the way of the concerned Court to proceed further in accordance with law. Direct service is permitted. (R. T. VACHHANI, J) Kaushal Rathod Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 15/10/2025 17:17:24