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Judgment
Heard Mr. Priolkar, learned counsel for the Applicant. Mr. Omkar Thakur a/w Mr. Omkar Parab, for the Respondent No.1 and Mr. Nikhil Vaze, Additional Public Prosecutor for Respondent No.2.
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.
The Applicant has filed the present Application seeking suspension of sentence awarded by the learned Additional Sessions Judge 3, sitting at PONDA-GOA by a Judgment and Order dated 30th July 2025, passed in Criminal Appeal No. 353 of 2024 whereby the Appeal was dismissed and the Judgment and Order dated 3rd October 2023 passed by the learned JMFC, PONDA-GOA in Criminal case No. 560/OA/NIA/2018/B was confirmed and the Applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo simple imprisonment for a period of two months and directed to pay an amount of Rs. 1,30,000/- to the Respondent No.1/ Complainant and in default further undergo simple imprisonment for a period of 2 months.
Learned counsel appearing for the Applicant submits that, the Applicant has been arrested and detained on 16th December 2025 and is in custody since the said date. That, till date out of the amount of Rs. 1,30,000/-, the Applicant has already paid and deposited with the Respondent No.1 an amount of Rs. 43,000/-. The said fact is acknowledged by the Advocate for the Respondent No.1.
4.1) Learned Advocate for the Applicant on instruction submits that, the Applicant is ready and willing to pay the balance amount of Rs. 87,000/- within a period of two months. The learned Advocate for the Applicant further submitted that, the Applicant’s case has not been considered in the proper perspective and the discrepancies and contradictions have not been taken into account.
The present Revision Application pertains a matter in which a short sentence has been imposed. The Applicant is already in custody since 16th December 2025. It is unlikely that present Revision Application will be heard and decided on merits in the near future. Hence, considering the overall facts and circumstances during the pendency of the Revision Application, the Applicant deserves to be released on bail. Hence, the following Order:-
Order
The sentence imposed on the Applicant by the learned Judicial Magistrate First Class, PONDA vide Judgment and Order dated 3rd October 2023 in Criminal case No.560/OA/NIA/2018/B and confirmed by the learned Additional Sessions Judge 3, sitting at PONDA-GOA in Judgment and Order dated 30th July 2025 is hereby suspended.
The Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs. 25,000/- with one or two local sureties in the like amount.
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.
After his release from jail, the applicant shall attend the Mardol Police Station, on every first Monday of each month between 10 a.m to 1 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.
In case of two consecutive defaults in complying with the aforestated conditions, the prosecution is at liberty to file an Application for cancellation of bail.
Application is allowed in the aforesaid terms.