Prakash Popat Sonar vs The State Of Maharashtra
2021 Latest Caselaw 1538 Bom

                                                                  7 IA 96-21 in Appeal 36-21.doc


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CRIMINAL APPELLATE JURISDICTION

                                  INTERIM APPLICATION NO. 96 OF 2021
                                                 IN
                                    CRIMINAL APPEAL NO. 36 OF 2021


                Prakash Popat Sonar                                 ...Applicant/Appellant
                     Versus
                State of Maharashtra                                ...Respondent

                Mr. Prasanna Shane h/f Mr. Milind Deshmukh, Advocate for Applicant.
                Mr. S. V. Gavand,, A.P.P for the Respondent-State

                                                CORAM : REVATI MOHITE DERE, J.
                                                FRIDAY, 22ND JANUARY 2021
                P.C. :


                1.       By this application, the applicant seeks suspension of his sentence

                and enlargement on bail pending the hearing and final disposal of the

                aforesaid appeal.


                2.       The applicant vide judgment and order dated 24th February 2020

                passed by the learned Additional Sessions Judge, Baramati, Dist. Pune in

                Special Sessions Case (ACB) No. 18 of 2014, has been convicted and

                sentenced as under;-

                - for the offence punishable under Sections 7 of the Prevention of

                Corruption Act, to suffer RI for one year and to pay fine of Rupees 1,000/-,

Nikita Gadgil                                                                                       1/3



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                                                                       7 IA 96-21 in Appeal 36-21.doc


                 in default, RI for six months; and

                 - for the offence punishable under Section 13(1)(d) r/w Section 13(2) of the

                 Prevention of Corruption Act to suffer RI for two years and to pay fine of

                 Rs. 1,000/-, in default to suffer RI for six months;


                 3.         Perused the papers. The applicant's sentence was suspended by the

                 Trial Court in order to enable the applicant to file an appeal. It is not in

                 dispute that the applicant was on bail pending trial and that he has not

                 misused the liberty granted to him. The sentence imposed is a short term

                 sentence and the appeal which is admitted today by a separate order is not

                 likely to be heard in the immediate near future.


                 4.        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 enlarged on bail on furnishing P.R. Bond in

the sum of Rs.25,000/- (Rs. Twenty Five Thousands Only) with one or two

local sureties in the like amount;

Nikita Gadgil                                                                                           2/3




                                                                         7 IA 96-21 in Appeal 36-21.doc


                ii)         The Applicant shall report to the trial Court, once in three months on

the day/date specified by the trial Court, till his Appeal is finally disposed

of;

iii) 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;

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.

5. The Application is allowed in the aforesaid terms and is accordingly

disposed of.

6. All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

Nikita Gadgil                                                                                             3/3