Sujit Ramesh Rao @ Nitesh Sanjeeva ... vs The State Of Maharashtra And Anr
2021 Latest Caselaw 16185 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 2806 OF 2021
                                     IN
                           APPEAL NO. 945 OF 2021

      Sujit Ramesh Rao @ Nitesh
      Sanjeeva Shetty                        ..Appellant/Applicant

                  v/s.

      The State of Maharashtra & Anr.                ..Respondent/s

      Mr. Gaurav Bhavnani i/b. Abdul Wahab Khan for the Applicant.
      Mr. N.B.Patil, APP for the Respondent-State.

                                 WITH
                   INTERIM APPLICATION NO. 2785 OF 2021
                                    AND
                    INTERIM APPLICATION NO. 2786 OF 2021
                                     IN
                           APPEAL NO. 939 OF 2021

      Lohit Suresh Anchan                    ..Appellant/Applicant

                  v/s.

      The State of Maharashtra & Anr.                ..Respondent/s


      Not on Board. On production taken on board.
      Mr. Vinay Bhanushali for the Applicant.
      Mr. N.B.Patil, APP for the Respondent-State.

                              CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 23rd NOVEMBER, 2021.

P.C.

1. By these applications filed under Section 389 of Cr.P.C. the

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Applicants who are the original Accused Nos.1 and 2 have sought

suspension of sentence imposed by judgment dated 9.11.2021 in

MCOC Special Case No.21 of 2015. By the impugned judgment the

learned Special Judge, MCOCA, Gr. Mumbai has held the Applicants

guilty of offences under Section 120-B and 387 r/w. 120-B of Indian

Penal Code, and sentenced the Applicants to undergo rigorous

imprisonment for 7 years and to pay fine of Rs.50,000/- each in

default to suffer rigorous imprison for three months of the offence

punishable under Section 120-B of the IPC.

2. Heard learned Counsel for the Applicant and the learned APP

for the State.

3. The records reveal that the Applicants have already undergone

imprisonment for a term of 6 years, 4 months and 20 days. Moreover,

they have been acquitted of the offence under Section 3(1)(ii), 3(2)

and 3(4) of the MCOC Act, 1999. Considering the fact that the

Applicants have served substantial part of sentence, in my

considered view, this is a fit case for suspending the sentence pending

the disposal of the appeal. Hence the application is allowed on the

following terms and conditions:-

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i) Sentence imposed against the Applicants by judgment dated

09.11.2021 in Special Case No. 21 of 2015 is suspended pending

hearing of the appeal;

ii) The Applicants are ordered to be released on bail on furnishing

P.R. Bond in the sum of Rs.25,000/- each with one or two solvent

sureties in the like amount;

iii) The Applicants shall deposit 50% of the fine amount within a

period of 6 weeks from the date of this order;

iv) The Applicants shall report to the Trial Court once in two

months on the day/ date specified by the Trial Court, till the Appeal

is finally disposed on;

(v) The Applicants shall keep the trial Court informed of their

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 file application seeking

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cancellation of bail;

(vii) The Applicants shall not leave the country without prior

permission of the Court.

. The Applications stand disposed of accordingly.

Digitally signed by PRASANNA P PRASANNA P SALGAONKAR

(ANUJA PRABHUDESSAI, J.) SALGAONKAR Date:

2021.11.25 15:14:25 +0530

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