Bombay High Court
Sanjay Uttamrao Deshmukh vs The State Of Maharashtra And Anr on 18 February, 2021
Bench: R.P. Mohite-Dere
Digitally
signed by
Shagufta Shagufta Q.
Pathan
Q. 26-IA-526-2021.doc
Date:
Pathan 2021.02.22
16:57:48
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 526 OF 2021
IN
CRIMINAL APPEAL NO. 147 OF 2021
1. Sanjay Uttamrao Deshmukh
2. Babasaheb Vishnu Borkar ...Applicants
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Sanjay Gaikwad for the Applicants
Mr. P. H. Gaikwad-Patil, A.P.P for the Respondents-State
CORAM : REVATI MOHITE DERE, J.
THURSDAY, 18th FEBRUARY 2021
P.C. :
1 Heard learned counsel for the applicants.
2 By this application, the applicants seek suspension of their
sentences and enlargement on bail, pending the hearing and final disposal
of their appeal.
3 The applicants, vide judgment and order dated 3 rd February
2021, passed by the learned Additional Sessions Judge-I, Vasai, in Special
Case No. 9 of 2010, have been convicted and sentenced as under:-
SQ Pathan 1/4
26-IA-526-2021.doc
- Applicant No. 1, for the offence punishable under Section 12
of the Prevention of Corruption Act, to suffer rigorous imprisonment
for 4 years and to pay fine of Rs.5,000/- in default, to undergo simple
imprisonment for 1 month;
- Applicant No. 1, for the offence punishable under Section
13(1)(d) r/w 13(2) of the Prevention of Corruption Act r/w Section 109
of the Indian Penal Code, to suffer rigorous imprisonment for 4 years
and to pay fine of Rs.5,000/-, in default, to undergo simple
imprisonment for 1 month;
- Applicant No. 2, for the offence punishable under Section 7 of
the Prevention of Corruption Act, to suffer rigorous imprisonment for 4
years and to pay fine of Rs.10,000/-, in default, to undergo simple
imprisonment for 1 month;
Applicant No. 1 is acquitted of the offence punishable under
Section 13(1)(c) of the Prevention of Corruption Act.
Substantive sentences were made to run concurrently.
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26-IA-526-2021.doc
4 It is not in dispute that the applicants were on bail, pending
trial and that they have not misused or abused liberty granted to them. The
sentence awarded is a short term sentence. The appeal has been admitted
by a separate order passed today. The appeal is not likely to come up for
hearing in immediate near future.
5 Considering the aforesaid, the application is allowed and the
applicants' sentences are suspended and they are enlarged on bail, pending
the hearing and final disposal of their appeal, on the following terms and
conditions :-
ORDER
i) The applicants be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.25,000/- each, with one or two sureties in the like
amount;
ii) The applicants shall report to the trial Court, once in three
months on the day/date specified by the trial Court, till their appeal is
finally disposed of;
iii) The applicants shall keep the trial Court informed of their
current addresses and mobile contact numbers and/or change of
SQ Pathan 3/4
26-IA-526-2021.doc
residence or mobile details, if any, from time to time;
iv) 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.
SQ Pathan 4/4
