IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 216 OF 2011 IN CRIMINAL REVISION APPLICATION NO. 60 OF 2011 SHRI BABAJI TUKARAM GAWAS (PRESENTLY IN CUSTODY AT SUB-JAIL, SADA, MORMUGAO-GOA ... Applicant Versus SHRI. ASHOK SOMNATH PANIGRAHI AND ANR.,. ... Respondent Mr. S. G. Bhobe, Advocate for the Applicant. Mr. R. Almeida holding for Mr. C.A. Ferreira, Public Prosecutor for Respondent No.2. Coram:- F. M. REIS, J. Date:- 28th November, 2011 P.C.: Heard Shri S.G. Bhobe, learned Counsel appearing for the applicant. 2. The above application is filed by the applicant to suspend the sentence imposed by the learned Judicial Magistrate First Class, Bicholim and release the applicant on bail. It is not disputed that the applicant is already in custody for the last more than three months. The applicant is challenging his conviction imposed by the Courts below whereby the applicant has been convicted for committing offence punishable under Section 138 of the Negotiable Instrument Act. 3. It is the contention of Shri Bhobe, learned Counsel appearing for the applicant that he has a good case on merits and, according to him there is an admission by respondent no.1 to the effect that the hand note given by him was of Rs.75,000/-. Learned Counsel further pointed out that the applicant is prepared to deposit in this Court a sum of Rs.25,000/- for the time being and shall endeavour to pay the balance amount as per his means within the subsequent period. 4. Considering the facts and circumstances of the case and taking note of the fact that the applicant has already undergone sentence of imprisonment for more than three months, I find that the applicant can be released on bail subject to the applicant depositing in this Court a sum of Rs.25,000/- and other terms and conditions. 5. In view of the above, I pass the following order: O R D E R (i) The applicant is directed to be released on bail subject to the applicant furnishing a personal bond of Rs.25,000/- and a surety of like amount to the satisfaction of learned Judicial Magistrate First Class, Bicholim. (ii) Applicant shall also deposit before the learned Judicial Magistrate First Class the sum of Rs.25,000/- within one week from today. (iii) The applicant shall undertake to remain present in this Court at the time of hearing of the above Criminal Revision Application No.60 of 2011. (iv) The application stands disposed of, accordingly. (v) The applicant is permitted authenticated copy. F. M. REIS, J. NH