3742.26appln (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 2 CRIMINAL APPLICATION NO. 3742 OF 2026 IN/WITH CRIMINAL REVISION APPLICATION NO. 299 OF 2026 JAI MATADI ESTATE BROKER AND DEVELOPERS (PROPRIETARY CONCERN) AND ANOTHER VERSUS RAKESH ASHOK SHIMPI AND ANOTHER ….. Mr N. V. Dhake, Advocate for Applicants Mr C. V. Bhadane, APP for Respondent No.2/State ….. CORAM : SUSHIL M. GHODESWAR, J. DATE : 08th SEPTEMBER, 2026 P. C. : 1. Heard Mr Dhake, learned Advocate for the applicants and the learned APP Mr Bhadane appearing for the Respondent No.2/State. 2. This is an application for suspension of substantive sentence awarded vide order dated 11/05/2023 by the learned Judicial Magistrate First Class (Court No.2), Jalgaon in Summary Criminal Case No.6515/2018 and confirmed vide the order dated 24/08/2026 by the learned Additional Sessions Judge, Jalgaon, in Criminal Appeal No.68/2023, and also for releasing the applicant on bail till pending hearing and final disposal of this criminal revision application. 3742.26appln (2) 3. The applicant was convicted for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo simple imprisonment for three months and to pay compensation of Rs.2,24,400/- to the complainant, in default of payment of compensation, to suffer simple imprisonment for one month. Applicant was also directed to pay Rs.10,000/- as costs of prosecution. 4. Learned Advocate for the Applicant states that during the pendency of aforesaid proceeding, the applicant was on bail and has not misused the liberty granted by the learned Trail Court. He further submits that there are valid and arguable points raised in the criminal revision application and the applicant has every hope of succeeding in the revision application. Therefore, he prays for suspension of substantive sentence and grant of bail. 5. Learned APP strongly opposes the application. 6. Perused the record. After hearing the learned Advocates for the respective parties, I have considered the facts and circumstances of the case. In my opinion, the application is required to be granted. Hence, I pass the following order:- 3742.26appln (3) ORDER (I) Criminal Application is allowed. (II) The substantive sentence awarded to the Applicant vide order dated 11/05/2023 by the learned Judicial Magistrate First Class (Court No.2), Jalgaon in Summary Criminal Case No.6515/2018 and confirmed vide the order dated 24/08/2026 by the learned Additional Sessions Judge, Jalgaon, in Criminal Appeal No.68/2023 hereby stands suspended, till final hearing and disposal of criminal revision application. (III) The Applicant be released on bail on furnishing P.R. Bond of Rs.25,000/- with one surety in the like amount to the satisfaction of the learned Trial court. (IV) Bail before the Trial Court. CRIMINAL REVISION APPLICATION NO. 299 OF 2026 7. Heard learned Advocate Mr Dhake for the applicants and learned APP for respondent No.2/State. 8. Learned Advocate for applicants submits that, he is ready and willing to argue the revision application on merits at the stage of admission. 3742.26appln (4) 9. Issue notice to the respondents, returnable on 06/10/2026. Learned APP waives service of notice on behalf of respondent No.2/State. 10. 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