3641.26appln (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 901 CRIMINAL APPLICATION NO. 3641 OF 2026 IN / WITH CRIMINAL REVISION APPLICATION NO. 286 OF 2026 PRASHANT BHAGWANSING KACHWA VERSUS SANTKUMAR BHALCHANDRA JAIN ….. Mr R. R. Shaikh, Advocate h/f Mr A. S. Bayas, Advocate for Applicant Mr S. S. Panale, Advocate for Respondent ….. CORAM : SUSHIL M. GHODESWAR, J. DATE : 02nd SEPTEMBER, 2026 P. C. : CRIMINAL APPLICATION NO. 3641 OF 2026 1. Mr Panale, learned Advocate appears and states that he has instructions to appear on behalf of the respondent. 2. This is an application for suspension of substantive sentence and grant of bail by virtue of conviction imposed upon the applicant vide order dated 11/07/2022, passed by the learned 15th Judicial Magistrate First Class, Aurangabad in S.C.C. No.301564/2013 and confirmed vide order dated 14/08/2026, passed by the learned Additional Sessions Judge, Aurangabad in Criminal Appeal No.95/2022. 3641.26appln (2) 3. Heard learned Advocate Mr Shaikh, holding for Advocate Mr Bayas for applicant and learned Advocate Mr Panale for respondent. 4. Learned Advocate Mr Shaikh for applicant submits that, there are strong and valid ground raised in this revision application and there are strong likelihood of the applicant succeeding in the revision application. He submits that learned Sessions Court, while suspending sentence, directed the applicant to deposit Rs.3,00,000/-. The said amount has been deposited by the applicant. He then submits that the said amount is more than 25% of the fine amount as directed by the learned Trial Court. He, therefore, submits that, now since the applicant has already deposited more than 25% amount, as directed by the learned Trial Court, he may not be directed to pay some additional amount, till the final disposal of the instant revision application. He, thus, prays for allowing the application for suspension of sentence. 5. Per contra, Mr Panale, learned Advocate for respondent strongly opposes the application for suspension of sentence. He submits that the applicant may be directed to pay some more amount during the pendency of this revision application. 3641.26appln (3) 6. After hearing the learned Advocates for the respective parties I have considered the facts and circumstances of the case. Though learned Advocate for applicant requests that the applicant may not be directed to pay some additional amount, however, since the compensation of amount of Rs.12,00,000/- was directed to be paid by the applicant to the respondent, it would be just and proper to direct the applicant to deposit Rs.3,00,000/- before this Court, during the pendency of this revision application. 7. In view of above discussion, in my opinion, substantive sentence imposed upon the applicant deserves to be suspended, subject to payment of Rs.3,00,000/- prior to next date of hearing. 8. Accordingly, execution of the substantive sentence of imprisonment passed against the applicant by the trial Court is hereby suspended, subject to the following conditions:- (I) Criminal Application stands allowed. (II) The substantive sentence imposed upon the applicant vide order dated 11/07/2022, passed by the learned 15th Judicial Magistrate First Class, Aurangabad in S.C.C. No.301564/2013 and confirmed vide order dated 14/08/2026, 3641.26appln (4) passed by the learned Additional Sessions Judge, Aurangabad in Criminal Appeal No.95/2022, is hereby suspended till the final hearing and disposal of the criminal revision application. (III) The applicant shall be released on bail upon executing a personal bond in the sum of Rs.25,000/- with one or two local sureties of the like amount to the satisfaction of the learned trial court. (IV) Bail before the Trial Court. CRIMINAL REVISION APPLICATION NO. 286 OF 2026 9. Heard learned Advocate Mr Shaikh, holding for Advocate Mr Bayas for applicant and learned Advocate Mr Panale for respondent. 10. Learned Advocate for applicant submits that, he is ready and willing to argue the revision application on merits at the stage of admission. 11. Issue notice to the respondent, returnable on 30/09/2026. Mr Panale, learned Advocate waives service of notice on behalf of respondent. 3641.26appln (5) 12. Since certain legal grounds are raised in the instant revision application, record and proceedings from the concerned Trial Court be called. [SUSHIL M. GHODESWAR, J.] sjk