Bombay High Court
Vinayak Dhondiram Sonawane vs The State Of Maharashtra And Anr on 23 April, 2021
Bench: R.P. Mohite-Dere
19a. IA 1304-21 in APEAL 393-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1304 OF 2021
IN
CRIMINAL APPEAL NO. 393 OF 2021
Vinayak Dhondiram Sonawane ...Applicant
Versus
State of Maharashtra and Anr. ...Respondents
Mr. Vatsal Thakkar i/by Mr. Amol Patankar for the Applicant.
Mr. S.V.Gavand, A.P.P for the Respondent-State.
Mr. H.S.Venegaonkar for the Respondent No.2/CBI.
CORAM : REVATI MOHITE DERE, J.
DATE : 23rd APRIL, 2021
(Through Video Conferencing)
P.C. :
1. Heard learned Counsel for the parties.
2. By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal of
his appeal.
3. The applicant, vide judgment and order dated 26/03/2021
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19a. IA 1304-21 in APEAL 393-2021.doc
passed by the learned Special Judge for CBI, Greater Bombay in CBI
Special Case No.2 of 2016, has been convicted and sentenced as under:-
- for the offence punishable under Section 13(1)(e) r/w 13(2) of
the Prevention of Corruption Act, to suffer rigorous imprisonment for
5 years and to pay fine of Rs.5,000/-, in default to undergo further
simple imprisonment for 6 months.
4. It is not in dispute that the applicant was on bail, pending trial
and that he has not abused or misused his liberty whilst on bail. The appeal
has been admitted by a separate order passed today, in the aforesaid appeal.
The sentence imposed is a short term sentence and the appeal is not likely
to be heard in the immediate near future. Even otherwise, arguable
questions have been raised by the learned Counsel for the applicant.
5. Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending the
hearing and final disposal of his appeal, on the following terms and
conditions :-
ORDER
i) The applicant be released on cash bail in the sum of
Rs.25,000/-, for a period of eight weeks;
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19a. IA 1304-21 in APEAL 393-2021.doc
ii) The applicant shall within the said period of eight weeks,
furnish P.R. Bond in the sum of Rs.25,000/-, with one or two sureties in
the like amount;
iii) The applicant shall report to the trial Court, once in six months
on the day/date specified by the trial Court, till his appeal is finally
disposed of;
iv) The applicant shall keep the trial Court informed of his
current address and mobile contact number and/or change of residence or
mobile details, if any, from time to time;
v) If there are two consecutive defaults in appearing before the
trial Court, the learned Judge shall make a report to the High Court and the
prosecution would be at liberty to file an application seeking cancellation
of bail.
6. The application is accordingly disposed of.
7. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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