Bombay High Court
Mahaveer Prasad Bhandari vs The State Of Maharashtra on 21 March, 2022
Bench: Prakash Deu Naik
28.ia.596.2019.doc
Digitally
signed by
VARSHA
VARSHA DEEPAK
DEEPAK GAIKWAD
GAIKWAD Date:
2022.03.23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
14:11:49
+0530
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 596 OF 2019
IN
CRIMINAL APPEAL NO. 1345 OF 2019
Mahaveer Prasad Bhandari ... Appellant/Applicant
V/s.
The State of Maharashtra ... Respondent
-------------------
Mr. Prakash V. Vare, advocate for applicant.
Mr. Kuldeep Patil, Special PP for CBI.
Ms. P.N. Dabhokar-APP for the State.
---------------------
CORAM : PRAKASH D. NAIK, J.
DATED : MARCH 21, 2022.
P.C. :
1. This is an application for suspension of sentence and grant
of bail.
2. The applicant is convicted for the offence under section
420 read with 120-B of Indian Penal Code, Section 120-B of Indian
Penal Code and Section 13(1) (d) read with 13(2) of Prevention of
Corruption Act, 1988. He has been sentenced to suffer imprisonment
for one year and to pay fine of Rs. 15,000/-. Imprisonment of 6 months
and fine of Rs. 25,000/- and imprisonment of one year and fine of Rs.
25,000/- on each count. The total fine amount imposed upon the
applicant is tune of Rs. 1,00,000/-
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28.ia.596.2019.doc
3. The appeal challenging the judgment of conviction dated
24th September 2019 has been preferred before this Court immediately
after the conviction.
4. Sentence of imprisonment was suspended by the trial Court
to enable the applicant to prefer the appeal. The applicant was directed
to deposit fine of Rs. 1,00,000/- on each count.
5. Learned advocate for the applicant has pointed out that the
receipts and order passed by the trial Court, which indicate that the
entire fine has been deposited in the trial Court.
6. Learned APP submitted that the applicant has been
convicted for various offences. There is sufficient evidence against him.
7. The maximum imprisonment imposed by the trial Court for
the conviction is one year and fine amount has been deposited. Hence
the application for suspension of sentence and grant of bail can be
allowed.
ORDER
(i) Interim Application is allowed and disposed of;
(ii) The sentence of imprisonment imposed vide
judgment and order dated 24th September 2019 passed by
learned Special Judge (CBI), Greater Bombay in Special
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28.ia.596.2019.doc
Case No. 112 of 2010 is suspended and applicant is directed
to be released on bail on executing PR bond in the sum of
Rs.25,000/- with one or more sureties in the like amount;
(iii) The applicant is permitted to furnish cash bail in the
sum of Rs.25,000/- for a period of eight weeks in lieu of
sureties;
(iv) The applicant shall attend Trial Court once in six
months on First Saturday of the month till disposal of the
Criminal Appeal;
(v) In the event there are two consecutive defaults in
attending the Trial Court, the Trial Court shall submit report
to this Court;
(vi) In the event of default committed by the applicant in
attending the Trial Court, the prosecution will be at liberty
to prefer application for cancellation of bail.
(PRAKASH D. NAIK, J)
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