The High Court of Bombay granted bail to an applicant convicted under section 138 of the Negotiable Instruments Act pending the hearing of his criminal revision. The court suspended the sentence and admitted bail upon furnishing a bond.
Application allowed; sentence suspended pending revision; bail granted on Rs.15,000 bond with sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
911APPR170_2019.doc
Vidya Amin.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 170 OF 2019 IN CRIMINAL REVISION APPLICATION NO. 182 OF 2019
Vijay Umakant Sonar
… Applicant
vs.
Pankaj Devichand Bhandari & Anr. … Respondents
Mr. Vikas B. Shivarkar, Advocate for the applicant. Mr. Vinod Chate, APP for the respondent/State.
CORAM: Mrs.MRIDULA BHATKAR, J. DATED: 5th April, 2019
P.C. :
The Criminal Application is moved by the applicant/accused for suspension of sentence and also for bail pending the Criminal Revision Application. The applicant/accused was convicted for the offences punishable under section 138 of Negotiable Instruments Act and was sentenced to suffer simple imprisonment for two months and to pay compensation of Rs.1,70,000/- and i/d. to suffer further simple imprisonment for one month by the order dated 18th October, 2013 passed by the learned Judicial Magistrate First Class, Igatpuri. The said order was challenged by way of Criminal Appeal No. 138 of 2013, which was dismissed by the learned Sessions Judge, Nashik by order dated 22nd February, 2019.
1 of 3
911APPR170_2019.doc
i) The sentence is suspended, pending this Criminal Revision Application;
(ii) The applicant/accused shall be released on bail upon furnishing a P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;
iii) The applicant/accused shall make himself available on all the Court dates;
(v) The applicant/accused shall not indulge into any
2 of 3
911APPR170_2019.doc
criminal activity;
(MRIDULA BHATKAR, J.)
3 of 3
3 issues framed by the court
Whether bail can be granted pending disposal of a criminal revision application in a cheque dishonour case.
Whether the sentence awarded for under section 138 of the Negotiable Instruments Act should be suspended.
Whether a prior conviction on bail during trial and appeal precludes denying bail in a subsequent revision.
Colour shows how this judgement treated each authority
State of Maharashtra vs. RaoReferred
2 provisions across 2 enactments
Vijay Umakant Sonar
Pankaj Devichand Bhandari
Mrs. Mridula Bhaskar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
