Shashikant Pandit Ahire vs The State Of Maharashtra
2021 Latest Caselaw 9821 Bom

Megha                             3_APEAL_520_2021.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION

              INTERIM APPLICATION NO.1629 OF 2021
                             WITH
              INTERIM APPLICATION NO.1631 OF 2021
                              IN
                CRIMINAL APPEAL NO.520 OF 2021

Shashikant Pandit Ahire                      ...Applicant
             Versus
The State of Maharashtra                    ...Respondent
                                   ....
Mr. Tarun Kumar Sinha for the Applicant.
Mrs. G.P. Mulekar, APP for the Respondent-State.


                      CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 27th JULY, 2021.

P.C.:-

These are the applications under section 389 of the Code of

Criminal Procedure, 1973 for suspension of substantive order of

sentence imposed by judgment dated 01/02/2021 passed by learned

District Judge-6 and Additional Sessions Judge, Thane, in Spl. Case

MPID No.18 of 2004 and to enlarge the Applicant on bail.

2. The Applicant has been held guilty of ofence punishable

under Section 420 of the IPC and Section 3 of the Maharashtra

Protection of Interest of Depositors Act, 1999 and is sentenced to

Megha 3_APEAL_520_2021.doc

sufer rigorous imprisonment for 5 years with fne of Rs.1,00,000/- i/d.

to undergo further simple imprisonment for six months.

3. Learned counsel for the Applicant states that the Applicant

shall deposit the fne amount of Rs.1,00,000/- within a period of one

week. Statement is accepted.

4. The sentence imposed is a short term sentence of

imprisonment. Considering the pendency and the present situation

arising due to Covid-19 pandemic, fnal hearing of the appeal will take

considerable time.

5. Considering the said fact, the substantive order of sentence

is suspended pending fnal disposal of the appeal on merits. Hence, the

applications are allowed on following terms and conditions:-

(i) The Applicant is ordered to be released on bail on

furnishing PR bond of Rs.25,000/- with one or two

sureties in the like amount.

(ii) The Applicant shall deposit the fne before Additional

Sessions Judge, Thane, within a period of one week.

(iii) In the event, the Applicant fails to deposit the fne

Megha 3_APEAL_520_2021.doc

amount within one week, the bail order shall stand

cancelled.

(iv) The Applicant shall report to the Trial Court, once in six

months on the day/date specifed by the Trial Court, till

the appeal is fnally disposed of.

(v) The Applicant shall keep the Trial Court informed of his

current address and mobile contact numbers and/or

change of residence or mobile details, if any, from time

to time.

(vi) 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

fle an application seeking cancellation of bail.

6. The applications stand disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)

Digitally signed by MEGHA MEGHA S PARAB S Date:

PARAB 2021.07.27 16:10:04 +0530