Arvind Baburao Deshpande vs The State Of Maharashtra
2021 Latest Caselaw 16430 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 2685 OF 2021
                                    IN
                      CRIMINAL APPEAL NO. 909 OF 2021

      Arvind Baburao Deshpande                 ..Appellant

                  v/s.

      The State of Maharashtra                 ..Respondent/s

      Ms. Rati S. Sinhasane for the Appellant.
      Mr. P.H.Gaikwad, APP for the Respondent-State.

                          CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 26th NOVEMBER, 2021.

P.C.

1. At the outset, learned Counsel for the Applicant seeks leave

to amend the prayer clauses (a) and (b) of the Application

wherein the words 'Criminal Appeal' have been wrongly typed

instead of 'Special (ACB) Case' . Leave granted. Amendment to

be carried out forthwith.

2. By this application under Section 389 of Cr.P.C., the

Applicant has sought suspension of substantive sentence imposed

vide judgment and order dated 27.09.2021 in Special (ACB) Case

No. 3 of2010. By the impugned judgment the Applicant who was

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accused No.1 in Special Case No. 3 of 2010 has been held guilty of

offence under Section 13(1)(e) r/w. 13(2) of Prevention of

Corruption Act, and he has been sentenced to undergo rigorous

imprisonment for 2 years with fine of Rs.50,000/- i.d. to undergo

simple imprisonment for two months.

3. Heard the learned Counsel for the Applicant and the learned

APP for the State. Perused the record and considered the

submissions advanced by the learned Counsels for the respective

parties.

4. The learned Counsel for the Applicant states that the

Applicant has already deposited the fine amount before the Special

Court. She further states that by order dated 27.09.2021 the

Special Court had suspended the sentence till filing of the appeal.

The sentence imposed against the Applicant is short term

imprisonment. Appeal is already admitted. Considering the large

pendency of old cases as well as the present situation arising from

COVID-19 pandemic, it would not be possible to hear the appeal in

immediate future.

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5. The applicant was on bail during pendency of the trial and

he has not misused the liberty. Considering the above facts, in my

considered view, this is a fit case to suspend the sentence pending

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

the following terms and conditions:

i) Substantive sentence imposed against the Applicant by

judgment dated 27.09.2021 in Special (ACB) Case No.3 of 2010 is

suspended pending hearing of the appeal;

ii) The Applicant is ordered to be released on bail on furnishing

P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand

Only) with one or two solvent sureties in the like amount, to the

satisfaction of the Trial Court;

Iii) The Applicant 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 of;

(iv) 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.

      v)     If there are two consecutive defaults in appearing before the




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trial Court, the learned Judge shall make a report to the High

Court and the prosecution would be at liberty to file application

seeking cancellation of bail.

. Application is accordingly disposed of.

Digitally signed by PRASANNA P PRASANNA P SALGAONKAR SALGAONKAR Date:

2021.11.26 19:28:34 (ANUJA PRABHUDESSAI, J.) +0530

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