1 revn-133-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO. 276 OF 2026 IN CRIMINAL REVISION NO. 133 OF 2026 Sunil Gurudasmal Sawara Versus Poonam Purushottam Sojrani With CRIMINAL APPLICATION (APPR) NO. 277 OF 2026 IN CRIMINAL REVISION NO. 134 OF 2026 Sunil Gurudasmal Sawara Versus Purushottam Chetandas Sojrani Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.B.Gandhe, Advocate for the applicant. Shri Girish Dipwani, Advocate for the non-applicant. CORAM : MEHROZ K. PATHAN, J. DATED : 17th SEPTEMBER, 2026. Heard Shri Gandhe, learned counsel for the applicant. The learned counsel for the applicant submits that this Court has taken up application for suspension of sentence and passed the order of suspension of sentence subject to deposit an amount of Rs.1,50,000/- in Criminal Revision No. 133 of 2026 and Rs. 1,00,000/- in Criminal Revision No. 134 of 2026 within a period of two weeks from the date of SKNair 2 revn-133-26.odt passing of the order i.e. 15.06.2026. The applicant has since then failed to comply with the condition of depositing the amount of Rs.1,50,000/- and Rs.1,00,000/- respectively in both the revisions. There were several orders passed thereafter noting down the conduct of the present applicant and finally vide order dated 07.09.2026, this Court has issued non-bailable warrant against the applicant. 2. Shri Gandhe, learned counsel for the applicant submits that an application has been filed for cancellation of the non-bailable warrant dated 07.09.2026 and recalling of the order dated 13.07.2026. The same is taken on record. Office is directed to register the same. 3. Since, the order of suspending of sentence has already been recalled, the non-bailable warrant was also issued and the applicant is present. The applicant has also produced the demand draft pertaining to the amount of Rs.1,50,000/- in Criminal Revision No. 133 of 2026 and demand draft to the tune of Rs.1,00,000/- in Criminal Revision No. 134 of 2026. Shri Gandhe, learned counsel therefore submits that the order dated 13.07.2026 recalling the order of suspending the sentence dated 15.06.2026 may be allowed. The order dated 15.06.2026 suspending the sentence may be restored and the non-bailable warrant issued by this Court vide order dated 07.09.2026 may be cancelled. 4. Shri Dipwani, learned counsel appearing on behalf of the non- applicant strongly opposes such application. Shri Dipwani, learned counsel, further submits that, taking into consideration the conduct of the applicant in circumventing and brazenly flouting the order of this Court. This Court on 13.07.2026, revoked the order granting SKNair 3 revn-133-26.odt suspension of sentence. The non-bailable warrant was thus issued by this Court taking the note of the conduct of the applicant vide order dated 07.09.2026. Even though the applicant is present with the Demand Drafts, the application may not be entertained and application may be rejected. 5. I have gone through the order dated 15.06.2026 and order dated 13.07.2026, revoking the suspension of sentence of the applicant. This Court has taken note of the conduct of the applicant and passed an order on 31.08.2026. However, on 07.09.2026 also there was no instructions on behalf the applicant, hence, non-bailable warrant was issued. Today, the applicant is present before this Court along with Demand Draft of Rs. 1,00,000/- in Criminal Revision No. 134 of 2026 and Demand Draft of Rs.1,50,000/- in Criminal Revision No. 133 of 2026. The cheque amount in both the revisions is Rs.3,00,000/- and Rs.2,00,000/- respectively. The revision is admitted for final hearing by order dated 15.06.2026. 6. Thus, taking into consideration the bonafides shown by the applicant who is present in the Court along with Demand Drafts which is in the name of Registry of this Court, I am inclined to exercise the discretion and pass the following order. ORDER i. The application for cancellation of the non-bailable warrant is allowed. ii. The order dated 13.07.2026 recalling the order dated 15.06.2026 is hereby recalled. SKNair 4 revn-133-26.odt iii. The original order dated 15.06.2026 suspending the sentence of applicant subject to the deposit of the amount respectively is hereby restored. iv. The substantive sentenced imposed upon the applicant shall remain suspended on the same condition as imposed vide order dated 15.06.2026. v. The applicant shall attend the concerned Police Station once in every six months, commencing from 01.10.2026. vi. The aforesaid Demand Drafts shall be deposited with the Registry of this Court by Monday i.e. 21.09.2026. The non-applicant/complainant is permitted to withdraw the amount so deposited by the applicant/accused, upon giving an undertaking that the amount shall be returned back, if the both the revisions are allowed. vii. Both the criminal application stand disposed of. Criminal Revision Nos. 133 of 2026 and 134 of 2026. Both the revision are already admitted. Put up the matter for final hearing as per its turn. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 21/09/2026 11:47:12