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2026 DAILYLAW 5074 (BOM)

JAYANTILAL JIWANBHAI PARMAR v. DIPAK SHRIPAT KULKARNI AND ANR

IA/3075/2026 · 2026-08-29

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Judgment text

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501-IAST-17569-26 IN REVN-372-26.doc N.S.Kamble IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION (ST) NO.17569 OF 2026 IN CRIMINAL REVISION APPLICATION NO.372 OF 2026 Mr.Jayantilal Jiwanbhai Parmar ...Applicant VERSUS Shri.Dipak Shripat Kulkarni & Ors. ...Respondents ____________________________________________________________ Ms.Rupali Chagan i/b Mr.Sanket Joshi and Mr.Shrikant Pawar, for the Applicant. Mr.S.M. Mangaonkar, APP, for the Respondent-State. ____________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 29th AUGUST 2026 P.C. : . This is an application for suspension of sentence and for bail. 2. Heard learned counsel for the Applicant and learned APP. 3. The Applicant was convicted by the learned Judicial Magistrate First Class, Court No.-7, Nashik in S.C.C. No.2732 of 2020, for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 and sentenced to suffer Simple Imprisonment for six months and pay compensation of Rs.15,00,000/-. The above sentence is confirmed by the learned Additional Sessions Judge-6, Nashik. 4. It is contention of the learned counsel for the Applicant that NILAM SANTOSH KAMBLE Digitally signed by NILAM SANTOSH KAMBLE Date: 2026.08.29 16:06:17 +0530 501-IAST-17569-26 IN REVN-372-26.doc N.S.Kamble during trial the Applicant was on bail. The Applicant has deposited entire compensation amount. The Applicant is behind bar. The sentence imposed on the Applicant is short term sentence and requested to allow the Application. 5. The learned APP strongly objected to allow the Application if the sentence is suspended he may abscond. Hence, requested to reject the Application. 6. Considering the submission of both learned counsel as well as sentence imposed on the Applicant is short term sentence. The Applicant has deposited entire compensation amount. During trial Applicant was on bail. He has not misused the liberty. Considering these facts, the sentence is suspended till final disposal of the Revision Application. 7. The Revision Application is disposed of in the following terms. ORDER (i) The substantive sentence of imprisonment awarded to the applicant is hereby suspended pending disposal of the Revision Application. (ii) The Applicant be released on cash bail of Rs.15,000/- convicted in S.C.C. No.2732 of 2020 by Judicial Magistrate First Class, Nashik, and confirmed by learned Additional 501-IAST-17569-26 IN REVN-372-26.doc N.S.Kamble Sessions Judge, Nashik on furnishing PR bond of the same amount. (iii) The Applicant shall furnish surety of the same amount within two months after releasing from jail. (iv) The bail bonds to be furnished before concerned learned Judicial Magistrate, Nashik. (v) The Interim Application be registered for statistical purpose. (vi) The Interim Application is disposed of. (SHIVKUMAR DIGE, J.)