1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPR] No. 145 of 2011 in Criminal Revision Application [REVN] No. 108 of 2011 (Vijay S/o. Govinda Borkar Vs. State of Maharashtra and another) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Sudhir Malode, Advocate for the applicant. Mr. D.B. Yengal, APP for the State/non-applicant no.1. Mr. O.S. Harwani, Advocate for non-applicant no. 2. CORAM : Prasanna B. Varale, J. DATE : 6 th September, 2011. Heard Mr. Sudhir Malode, learned counsel for the applicant, Mr. D.B. Yengal, learned APP for the State/non- applicant no.1 and Mr. O.S. Harwani, learned counsel for the non-applicant no.2. Learned counsel for the applicant submits that by the judgment and order, dated 23/03/2006, the applicant/original accused was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, and was sentenced to suffer simple imprisonment for three months as well directed to pay the amount of compensation of Rs.75,000/-. He further submits that the applicant has raised substantial grounds in the revision application. He further submits that the amount to the tune of Rs.83,000/- had already been deposited and the applicant was on bail during pendency of the proceedings. He further submits that the applicant is a bank employee. He further submits that there is nothing on record to show that the applicant has violated any condition of the bail or jumped 2 the bail and misused the liberty granted to him. He lastly submits that even considering the sentence, which can be termed as a short sentence i.e. three months, and the fact that the revision may take some considerable time for its disposal, the sentence awarded to the applicant may be suspended and the applicant be released on bail. Perused the impugned judgment and order. There is considerable merit in the submissions of the learned counsel for the applicant. In view of the submissions of the learned counsel for the applicant and the reasons stated in the application, the application is allowed. The sentence awarded to the applicant is suspended. He be released on bail on the same terms as they were during the trial and on executing fresh bail bonds. Application is disposed of accordingly. Heard. Admit. Learned APP and learned counsel for non-applicant no. 2 waive service of notice. Call record and proceedings. JUDGE *sdw Cri.Revn.Appln.No. 108/11 :-