Abhijeet Uttareshwar Barkul vs the State of Maharashtra and… — Cheque Dishonour | Bombay HC (2026)

Abhijeet Uttareshwar Barkul vs the State of Maharashtra and… — Cheque Dishonour | Bombay HC (2026)

What the court decided

AI extract

Outcome

Suspension of the sentence passed by both the Courts below and release of the Applicant on bail on furnishing P.B. and S.B. of Rs. 50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount, bail to be taken before the learned Trial Court, subject to deposit of Rs. 3,00,000/- in this Court on or before 10th June, 2026, failing which the order shall stand vacated.

Issue for consideration

Whether the sentence imposed on the Applicant (convicted under Section 138 of the Negotiable Instruments Act and confirmed in appeal) should be suspended and the Applicant released on bail pending disposal of his Criminal Revision Application.

Court's answer

On considering the submissions and the record, the Court prima facie found substance in the contention of learned counsel for the Applicant that the orders of the Courts below are liable to be set aside.

Ratio / Principle

Because the Revision Application challenging the judgments and orders of both the Courts below will take its own time to be finally decided, and because the Applicant has deposited Rs. 2,50,000/- before the learned Sessions Court and undertook to deposit an additional Rs. 3,00,000/- in this Court on or before 10th June, 2026, the Court held it appropriate to suspend the sentence passed by both the Courts below and release the Applicant on bail.

Key takeaways

The Court accepted the Applicant's undertaking to deposit an additional Rs. 3,00,000/- on or before 10th June, 2026 as an undertaking to the Court.ratio¶3

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Abhay J. Mantri, J.) — Criminal Application No. 1838 of 2026 in Criminal Revision Application No. 145 of 2026 (decided 08.05.2026): Applicant Abhijeet Uttareshwar Barkul, convicted for the offence punishable under Section 138 of the Negotiable Instruments Act by the learned J.M.F.C., Osmanabad (judgment and order dated 03.04.2025, S.C.C. No. 162 of 2020) and confirmed by the learned Additional Sessions Judge, Osmanabad (judgment and order dated 05.05.2026, Criminal Appeal No. 13 of 2025), sentenced to six months' simple imprisonment and fine of Rs. 12,50,000/- (default: three months' simple imprisonment); taken into custody on 05.05.2026 after remaining on bail during trial and appeal. On his application for suspension of sentence, noting prima facie substance in his contentions, that the Revision Application challenging both judgments will take its own time, his deposit of Rs. 2,50,000/- before the Sessions Court, and his undertaking (accepted as an undertaking to the Court) to deposit a further Rs. 3,00,000/- on or before 10.06.2026, the Court suspended the sentence passed by both the Courts below and ordered release on bail on furnishing P.B. and S.B. of Rs. 50,000/- with one solvent surety in the like amount, subject to the deposit of Rs. 3,00,000/- by 10.06.2026 failing which the order shall stand vacated. Application allowed in terms of prayer clauses [B] and [C] and disposed of.

905-APPLN-1838-26.odt

2026:BHC-AUG:21495

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 1838 OF 2026 IN

CRIMINAL REVISION APPLICATION NO. 145 OF 2026

Abhijeet Uttareshwar Barkul ..APPLICANT

VERSUS

State of Maharashtra and Another

..RESPONDENTS

Mr. S.G. Kawade, Advocate for Applicant Mr. V.M. Chate, A.P.P. for Respondent no.1 - State

CORAM : ABHAY J. MANTRI, J. DATE : 08^th MAY 2026

PER COURT :

Heard learned counsel for the Applicant and learned A.P.P. for Respondent No.1 – State. Perused the impugned judgments and orders.

The Applicant has preferred this Application for suspension of sentence awarded by learned J.M.F.C., Osmanabad vide judgment and order dated 03^rd April, 2025 in S.C.C. No. 162 of 2020 and confirmed by learned Additional Sessions Judge, Osmanabad vide judgment and order dated 05^th May, 2026 in Criminal Appeal No. 13 of 2025, whereby convicted the Applicant for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to suffer simple imprisonment for six months

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905-APPLN-1838-26.odt

and to pay fine to the extent of Rs.12,50,000/- and in default to suffer simple imprisonment for three months, and releasing him on bail.

Learned counsel for the Applicant submitted that during the pendency of the trial as well as the appeal, the Applicant was on bail. However, after the judgment and order of the learned Additional Sessions Judge, he was taken into custody on 05^th May, 2026, and has been in jail since then. He further submitted that the Applicant has deposited Rs. 2,50,000/before the learned Sessions Court and on instructions undertakes to deposit an additional Rs. 3,00,000/- in this Court on or before 10^th June, 2026. His statement is accepted as an undertaking to the Court. He further submitted that he has raised grounds in the Revision Application that the orders passed by the learned Courts below are liable to be set aside. He, therefore, urged for the suspension of sentence and the release of the Applicant on bail.

Learned A.P.P. submitted to the order of the Court.

Having considered the above submissions and having gone through the record, prima facie, I found substance in the contention of learned counsel for the Applicant. Apart from that, the Applicant has preferred a Revision Application challenging the judgments and orders passed by both the Courts below, which will take its own time to be finally decided. Besides, the Applicant has deposited Rs. 2,50,000/- before the learned Sessions Court and

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on instructions undertakes to deposit an additional Rs. 3,00,000/- in this Court

on or before 10^th June, 2026. Having considered the same, in my view, it would be appropriate to suspend the sentence passed by both the Courts below and release the Applicant on bail.

As such, the Criminal Application is allowed in terms of prayer clauses [B] and [C] , subject to the deposit of Rs. 3,00,000/- in this Court on or before 10^th June, 2026, failing which this order shall stand vacated.

The Applicant be released on bail on furnishing P.B. and S.B. of Rs. 50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount. Bail before the learned Trial Court.

8. Application is disposed of.

( ABHAY J. MANTRI, J. )

SSD

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