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2026 DAILYLAW 15855 (BOM)

ASHUTOSH S/O ASHOK PARASRAMPURIA v. MS GHARKUL INDUSTRIES PVT LTD THE MANAGER

APPR/212/2026 · 2026-10-05

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Judgment text

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1 21-revn-215-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL REVISION (APPR) NO. 212 OF 2026 IN CRIMINAL REVISION NO. 215 OF 2026 Ashutosh S/o Ashok Parasrampuria and another Versus M/s Gharkul Industries Pvt Limited, Amravati Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Anil Mardikar, Senior Advocate assisted by Shri Raghav Bhandakkar, Advocate for the applicant. Shri F.T.Mirza, Senior Advocate assisted by Shri Akshay Sudame, Advocate for the non-applicant/complainant. CORAM : MEHROZ K. PATHAN, J. DATED : 5th OCTOBER, 2026. The application for suspension of sentence is filed by the applicant/accused thereby praying of suspension of sentence and grant of bail. 2. Shri Mardikar, learned Senior Counsel for the applicant, submits that this Court, vide order dated 14.08.2026, has already admitted the revision for final hearing. He further submits that the application for suspension of sentence was also taken up for consideration and, vide the same order dated 14.08.2026, the SKNair 2026:BHC-NAG:13419 2 21-revn-215-26.odt substantive sentence imposed upon the applicant was temporarily suspended. It is submitted that, while passing the said order, this Court had taken into consideration the fact that the applicant had deposited a substantial amount and had shown his bonafides. An amount of Rs.1,30,000/- has already been deposited by the applicant during the pendency of the appeal. It is further submitted that the applicant was on bail during the pendency of the appeal and that there are no allegations of violation of any of the conditions of bail imposed upon him. The learned Senior Counsel, therefore, submits that, as the revision has already been admitted for final hearing and the applicant has complied with the conditions imposed upon him, the application may be allowed and the substantive sentence imposed upon the applicant may be suspended during the pendency of the revision. 3. Shri Mirza, learned Senior Advocate appearing on behalf of the complainant strongly opposes the bail application on the ground that the applicant has only deposited an amount Rs.1,30,000/- as against the cheque amount of Rs.10,00,000/-, The applicant may further be directed to deposit the appropriate amount towards compensation as well as original cheque amount. SKNair 3 21-revn-215-26.odt 4. I have gone through the impugned judgment dated 31.07.2026 passed learned Additional Sessions Judge, Amravati in Criminal Appeal No. 102 of 2022. There are good grounds raised in the revision and hence this Court had admitted the revision vide order dated 14.08.2026. The revision will takes its own time for final disposal. Till that time, as there are no allegations that the applicant has violated any conditions imposed by the learned Appellate Court while releasing the applicant on bail during the pendency of the appeal, I am inclined to exercise discretion under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023 and pass the following order. ORDER i. The substantive sentence imposed upon the applicant is hereby suspended. ii. The interim order dated 14.08.2026 is hereby confirmed subject to the applicant furnishing P.R. Bond of Rs.25,000/- with one surety in the like amount before the learned trial Court. 5. The application is allowed and disposed of accordingly. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 08/10/2026 12:41:41