Suspension of sentence and grant of bail in a criminal revision against conviction under Section 138 of the NI Act is permissible for fixed-term sentences, provided the petitioner deposits a portion of the cheque amount and provides necessary undertakings.

ORAL ORDER

1. Heard learned advocates for the petitioner. Concurrent findings recorded by the learned Courts below convicting and sentencing the accused under section 138 of NI Act has been challenged inter-alia on the grounds stated in Revision memo. The Revision Application deserves consideration.

Rule . Learned APP waives service of rule on behalf of respondent - State.

2. Learned advocate for the petitioner submits that the petitioner is in judicial custody since 10/09/2025. It is further submitted that the petitioner has already deposited 25% of the cheque amount before the learned Sessions Court and now ready and willing to deposit 25% of the cheque amount within four weeks from the date of release. It is submitted that the petitioner shall file usual Undertaking before this Court. Considering, this aspect, it is submitted to suspend the sentence and grant regular bail to the petitioner.

3. Upon considering the submissions made at bar, it appears that petitioner is sentenced for a fixed period and the Revision is not likely to be heard in near future, sentence imposed upon the petitioner can be considered in view of the decision rendered in case of Bhagwan Rama Shinde V/s. State of Gujarat (1999)4 SCC 421 as there are no exceptional circumstances pointed out by the learned APP to refuse/decline the application.

4. Considering above, pending Revision Application, impugned order passed by the Courts below are kept in abeyance till further orders. The petitioner is released on bail pending hearing of the Revision Application on furnishing personal bond of Rs.10,000/- and surety of like amount to the satisfaction of the learned Trial Court concerned and on further following conditions :-

(i) The petitioner shall deposit 25% within four weeks from the date of release before the learned Trial Court,

(ii) The petitioner shall file usual Undertaking before this Court.

(iii) The petitioner shall provide his address proof and shall not change address without permission of this Court.

(iv) The petitioner shall also provide his mobile number as well as mobile number of his wife and shall not change the same.

(v) The petitioner shall also provide mobile number of surety.

Direct service is permitted.

5. Needless to observe that in view of decision of Hon’ble Apex Court in case of Satish P.Bhatt Versus State Of Maharashtra reported in 2024 LiveLaw (SC) 16, in absence of non-compliance of undertaking given before this Court, the interim protection of suspending the sentence of imprisonment and granting bail on furnishing a personal bond shall stand automatically withdrawn without reference to Court.