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Bombay High Court
Afajal Pirmohamad Sheikh vs Nigar Sadikaali Rajput on 29 December, 2025
2025:BHC-AS:57940
SPG 6B-IA-4650-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4650 OF 2025
IN
REVISION (ST) APPLICATION NO. 25070 OF 2025
Afajal Pirmohamad Sheikh ... Applicant.
V/s.
Nigar Sadikaali Rajput and anr. ... Respondents.
______________________
Mr. Vishal Dhasade, for the Applicant
Ms. Sandhya Mailagir, for the Respondent No.1.
Ms. Shilpa Talhar, A.P.P. for the Respondent- State.
Mr. Krishna S. Mikalte, PSI, Khopoli Police Station, Dist. Raigad
______________________
CORAM : RANJITSINHA RAJA BHONSALE, J.
(VACATION COURT)
DATE : 29th DECEMBER 2025.
P.C.:-
1) This is an Application for suspension of sentence and releasing
the Applicant on bail during the pendency of the Revision Application, by
the Original Accused.
2) Heard Mr. Dhasade, learned counsel appearing for the
Applicant, Ms. Mailagir for the Respondent No.1 and Ms. Talhar, A.P.P. for
the Respondent No.2.
3) This Revision Application is filed against the Judgment and
Order dated 22nd November 2024 in Criminal Appeal No.125 of 2019 (old
No. 86 of 2014) passed by the learned Additional Sessions Judge Panvel-
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Raigad. By the impugned Judgment and Order dated 22 nd November 2024,
learned Additional Sessions Judge Panvel-Raigad, dismissed the Appeal and
upheld the Judgment and Order dated 18 th April 2014 passed by the
learned J.M.F.C Court, Khalapur in S.C.C.No. 801 of 2009.
3.1) By the Judgment and Order dated 18th April 2014 passed by
the learned J.M.F.C Court, Khalapur in S.C.C.No. 801 of 2009, the Applicant
has been convicted for an offence punishable under Section 138 of the
Negotiable Instruments Act, 1881 and sentenced to suffer simple
imprisonment for a period of three months and pay a compensation of Rs.
3,40,000/- and in default undergo further simple imprisonment for a period
of three months.
4) The learned Advocate for the Applicant submits that, the
Applicant has been arrested on 11th November 2025 and is in custody since
the said date. That, there are various discrepancies and contradictions in
the evidence of the prosecution witnesses which have not been properly
dealt with and or considered by the learned Courts.
5) The Advocate for the Applicant has raised arguable points. The
Applicant was on bail during the trial as well as the period when the Appeal
was pending for adjudication. The Applicant has at the time of the
admission of the Appeal and in compliance with the directions of the
learned Sessions Court deposited an amount of Rs 1,20,000/-. This is a
short sentence. It is unlikely that the present Revision Application will be
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heard and decided on merits in the near future. Hence, during the
pendency of the Revision Application, the Applicant deserves to be released
on bail. Hence the following order:-
ORDER
i) The sentence imposed on the Applicant by the learned J.M.F.C
Court, Khalapur in S.C.C. No. 801 of 2009 and confirmed by the
learned Additional Sessions Judge Panvel-Raigad by Order dated 22 nd
November 2024, in Criminal Appeal No. 125 of 2019 (old no. 86 of
2014) is suspended.
(ii) The Applicant is directed to be released on bail on his
furnishing PR bond in the sum of Rs 25,000/- and sureties of the like
amount to the satisfaction of the concerned Court.
iii) Before his release from jail, the Applicant shall give his
prospective residential addresses and the mobile and or landline
numbers on which he or his any close relative can be contacted.
iv) After his release from jail, the applicant shall attend the
Khopoli Police Station, on every first Monday of each month between
10.00 a.m to 1.00 p.m initially for a period of one year and thereafter
on every first Monday of every third Calender Month between 10.00
a.m to 1.00 p.m. i.e four times in a year till the disposal of the
Revision Application.
v) In case of two consecutive defaults in complying with the
SPG 6B-IA-4650-2025.doc
aforestated conditions, the prosecution is at liberty to file an
Application for cancellation of bail.
vi) Application is allowed in the aforesaid terms.
(RANJITSINHA RAJA BHONSALE, J.)
