Bombay High Court
Anand Shivram Tambe vs The State Of Maharashtra on 7 May, 2021
Bench: R.P. Mohite-Dere
16. IA 1378-2021 IN APEAL 143-21 @ IA 1379.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1378 OF 2021
ALONGWITH
INTERIM APPLICATION NO. 1379 OF 2021
IN
CRIMINAL APPEAL NO. 143 OF 2021
Anand Shivram Tambe ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. P.K.Sanghrajka i/b Mr. Rajeev Sawant for the Applicant.
Mr. S.V.Gavand, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 7th MAY, 2021
(Through Video Conferencing)
P.C. :
1. Heard learned counsel for the parties.
2 By these applications, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal
of the appeal.
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3 The applicant, along with other co-accused, vide judgment and
order dated 10th December 2020 passed by learned Special Judge,
Kolhapur, in MPID Case No. 1/2013, has been convicted and sentenced as
under:-
- for the offence punishable under Section 420 r/w 34 of the
Indian Penal Code, to suffer rigorous imprisonment for 7 years and
to pay fine of Rs.5,000/-, in default of payment of fine, to undergo
simple imprisonment for 3 months;
- for the offence punishable under Section 120B of the Indian
Penal Code, to suffer rigorous imprisonment for 7 years and to pay
fine of Rs.5,000/-, in default of payment of fine, to undergo simple
imprisonment for 3 months;
- for the offence punishable under Section 3 of the Maharashtra
Protection of Interest of Depositors (In Financial Establishment) Act,
to suffer rigorous imprisonment for 6 years and to pay fine of
Rs.1,00,000/-, in default of payment of fine, to undergo simple
imprisonment for 6 months;
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- for the offence punishable under Section 4 of the Prize Chits
and Money Circulation Schemes (Banning) Act, to suffer rigorous
imprisonment for 3 years and to pay fine of Rs.5,000/-, in default of
payment of fine, to undergo simple imprisonment for 3 months;
- for the offence punishable under Section 5 of the Prize Chits
and Money Circulation Schemes (Banning) Act, to suffer rigorous
imprisonment for 2 years and to pay fine of Rs.3,000/-, in default of
payment of fine, to undergo simple imprisonment for 3 months;
- for the offence punishable under Section 6 of the Prize Chits
and Money Circulation Schemes (Banning) Act, to suffer rigorous
imprisonment for 2 years and to pay fine of Rs.3,000/-, in default of
payment of fine, to undergo simple imprisonment for 3 months;
All the sentences were directed to run concurrently.
4 It is not in dispute that the applicant was on bail pending trial
and has not misused or abused the liberty granted to him. The applicant
has deposited the fine amount as awarded by the trial Court. The appeal
has been admitted by a separate order passed today. The sentence awarded
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is a short term sentence.
5 Having heard learned counsel for the applicant, the applicant
has prima facie, made out a case for suspension of his sentence and
enlargement on bail.
6 Accordingly, the applications are 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. 50,000/-, for a period of eight weeks;
(ii) The applicant shall within the said period of eight weeks,
furnish P.R. Bond in the sum of Rs. 50,000/- with one or two local
solvent sureties in the like amount;
iii) 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;
iv) The applicant shall keep the trial Court informed of his
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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.
7 The applications are disposed of accordingly.
8 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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