BALKRUSHNA KESHAVRAO SHEWALE v. Mrs. MADHUKAR SHANKARRAO GUNJAL (DIED) 1-A MANDAKINI MADHUKAR GUNJAL AND OTHERS
APPLN/3792/2026 · 2026-09-15
Criminal Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 9384 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9384 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
*1* 2appln3792o26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3792 OF 2026 IN REVN/312/2026 WITH CRIMINAL REVISION APPLICATION NO. 312 OF 2026 BALKRUSHNA KESHAVRAO SHEWALE VERSUS MADHUKAR SHANKARRAO GUNJAL (DIED) 1-A MANDAKINI MADHUKAR GUNJAL AND OTHERS … Shri Temkar Rajendra K., Advocate for the Applicant. Shri C.V. Bhadane, APP for the Respondent/ State. ...
CORAM : SUSHIL M. GHODESWAR, J.
DATE : 15 September 2026 (Through VC) P. C. :- (a)
Criminal Application No.3792/2026:-
1. Heard.
2. The instant application is for suspension of sentence and grant of bail in pursuance of the impugned judgment and
order dated 27.08.2014 passed by the learned JMFC, Ahmednagar, in STC No.2569/2010 thereby, convicting the applicant for the offence punishable under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 and
*2* 2appln3792o26 sentencing him to suffer simple imprisonment for one year and directing to pay compensation of Rs.2,50,000/-, so also, fine of Rs.10,000/- and in default of fine, to suffer simple imprisonment for one month. Criminal Appeal No.211/2014 preferred by the applicant against the conviction is dismissed by the learned Additional Sessions Judge, Ahmednagar, vide impugned
judgment and order dated 03.09.2026. Hence, the applicant has preferred the Criminal Revision Application before this Court.
3. In support of the prayer, the learned advocate for the applicant states that there are strong and valid grounds raised in the Criminal Revision application and there is high chance that the applicant would succeed in the revision application. The applicant was on bail during the pendency of the proceedings before the Courts below. According to the learned advocate, the revision would take long time to be heard and decided. As such, the sentence is required to be suspended and the bail be granted.
4. The learned APP opposed the application pointing out that all ingredients for recording conviction were available. Both the Courts below have rightly convicted the applicant.
5. Perused the papers. The applicant was on bail during
*3* 2appln3792o26 the pendency of proceedings before the Courts below. Considering the quantum of sentence, nature of allegations and the fact that the Criminal Revision Application having been filed in 2026, would take sufficiently long time to be heard and decided, the Criminal Application needs to be allowed. Hence, I pass the following order :-
ORDER (i) The Criminal Application stands allowed. (ii) The substantive sentence imposed on the applicant vide the impugned judgment and order, stands suspended till the final hearing and disposal of Criminal Revision Application No.312/2026. (iii) The applicant be released on P.R. bond of Rs.25,000/- (Rs. Twenty Five thousand only) with one surety in the like amount. (iv) Bail before the trial Court. (b)
Criminal Revision Application No.312/2026
:-
6. Heard.
7. Issue Notice to the respondents returnable on
08.10.2026. Learned APP waives service of notice on behalf of
*4* 2appln3792o26 the respondent/State.
8. Call for the record and proceedings from the concerned Court.
9. Parties to act on the copy of this order downloaded from the official website of the Bombay High Court. kps ( SUSHIL M. GHODESWAR, J. )