CriAppln-3812-2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3812 OF 2026 WITH CRIMINAL REVISION APPLICATION NO. 314 OF 2026 RAKIK KHAJAMIYA DESHMUKH VERSUS PRADIP NARAYAN SABLE ….. Mr. A.A. Sheikh h/f Mr. R.V. Gore, Advocate for Applicant. ..... CORAM : SUSHIL M. GHODESWAR, J. THR. V.C. Dated : 16th SEPTEMBER 2026 ORDER : CRIMINAL APPLICATION NO. 3812 OF 2026 1. The instant criminal application is for suspension of sentence and grant of bail on account of conviction recorded by learned Judicial Magistrate First Class, Ghansawangi, vide judgment and order dated 08.09.2025, in S.C.C. No.10 of 2021 and confirmed the said judgment by learned Additional Sessions Judge, Ambad, vide judgment and order dated 11.09.2026, in Criminal Appeal No.02 of 2025, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 2026:BHC-AUG:42518 CriAppln-3812-2026 -2- 2. Learned Counsel for the applicant submits that the present applicant was tried by the trial court for the aforesaid offence and sentenced to suffer simple imprisonment for one month and also directed to pay the compensation of Rs.10 Lakh to the complainant and on failure to pay the compensation, he is directed to suffer simple imprisonment for one month. He submits that, being aggrieved by the said judgment and order of the trial court, the present applicant had preferred an appeal before the appellate court. However, the appellate court has dismissed the appeal. Against the same, the instant revision application has been preferred. 3. Learned Counsel for the applicant further submits that there are strong and valid grounds raised in the criminal revision application and there is bright chance that the applicant would succeed in the revision application. He submits that the applicant was on bail during the pendency of the proceedings before the courts below and he has not misused the liberty granted. He submits that there is false implication and therefore, the present revision application is preferred, but the same would take long time to be heard and decided. As such, the sentence is required to be suspended and the bail be granted. Learned Counsel for the applicant submits that the applicant is ready to deposit 20% of amount of compensation as directed by this Court. CriAppln-3812-2026 -3- 4. After considering the submissions and taking into account that the applicant was on bail during the pendency of the proceedings before the courts below and the fact that the Criminal Revision Application having been filed in 2026, would take long time to be heard and decided. Therefore, the sentence awarded is required to be suspended, however, subject to depositing 20% of compensation amount awarded by the trial court. Hence, following order is passed. ORDER i) The criminal application is allowed. ii) The substantive sentence imposed on the applicant by learned Judicial Magistrate First Class, Ghansawangi, vide judgment and order dated 08.09.2025, in S.C.C. No.10 of 2021 and confirmed the said judgment by learned Additional Sessions Judge, Ambad, vide judgment and order dated 11.09.2026, in Criminal Appeal No.02 of 2025, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, stands suspended till final hearing and disposal of Criminal Revision Application No.314 of 2026, subject to deposit of 20% of compensation amount in the trial court. iii) The applicant be released on bail on furnishing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety in the like amount. CriAppln-3812-2026 -4- iv) The applicant shall remain present before the trial court once in a year, till final hearing and disposal of the Criminal Revision Application, commencing from the date he tenders bail papers and thereafter, the trial court to fix dates for his subsequent appearances. v) In case of any default on the part of the applicant to remain present before the trial court, the trial court to inform this Court about the same and in that eventuality, the prosecution would be at liberty to file an application for cancellation of the bail granted to the applicant. vi) Bail before the trial court. CRIMINAL REVISION APPLICATION NO. 314 OF 2026 5. Heard. 6. Issue Notice to the respondent returnable on 14.10.2026. 7. Call record and proceedings from the concerned court. 8. Parties to act on the copy of this order downloaded from the official website of the Bombay High Court. (SUSHIL M. GHODESWAR, J.) asd