Tanaji Ratan Pawar vs The State Of Maharashtra
2022 Latest Caselaw 2825 Bom

                                           3. Ia-3458-2021-in- Apeal-161-2018-w- Apeal-503-2017-w- Ia-605-2019-in- Apeal-161-2018.doc




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                              INTERIM APPLICATION NO. 3458 OF 2021
                                                               IN
                                                CRIMINAL APPEAL NO. 161 OF 2018

                        Tanaji Ratan Pawar                                                    ...Applicant/Appellant
                              Versus
                        State Of Maharashtra                                                 ...Respondent

                                                                               ....
                        Mr. Mateen Shaikh, Advocate for the Applicant/Appellant
                        Mr. Arfan Sait, APP for the Respondent - State.


                                                     CORAM               :         PRAKASH D. NAIK, J.
                                                     DATE                :         23rd MARCH, 2022.

                        PER COURT:

                        1.                 For the reasons to be recorded separately, I pass the

                        following order :-

                                                                        ORDER

i. Interim Application No. 3458 of 2021 is allowed;

ii. During the pendency of Criminal Appeal No.161 of 2018, the sentence of imprisonment imposed vide Judgment and order dated 6th May, 2017 passed by learned Special Judge, Pune under MCOC Act, in Special MCOC Case No.5 of 2008 is suspended and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.50,000/- with one or more sureties in the like amount;

           Digitally    Sajakali Jamadar                                     1 of 2
           signed by
           SAJAKALI
SAJAKALI   LIYAKAT
LIYAKAT    JAMADAR
JAMADAR    Date:
           2022.03.25
           17:58:14
           +0530

3. Ia-3458-2021-in- Apeal-161-2018-w- Apeal-503-2017-w- Ia-605-2019-in- Apeal-161-2018.doc

iii. The applicant is permitted to furnish cash bail in the sum of Rs.50,000/- for a period of eight weeks from the date of release in lieu of surety.

iv. The sentence of payment of fine of Rs.5 Lakhs on each conviction under Section 3(1)(ii), 3(2) and 3(4) is relaxed and the applicant is directed to deposit fine of Rs.50,000/- on each count within 8 weeks from date of release.

v. The applicant shall attend the trial Court once in six months on first Saturday of the month till the final disposal of the appeal;

vi. In the event, there are two consecutive defaults in attending the trial Court, the said fact may be brought to the notice of this Court and in such eventuality, the prosecution will be at liberty to prefer an application for cancellation of bail.

vii. It is clarified that the relaxation for payment of fine is granted pending appeal and it is subject to the decision in the appeal challenging judgment of conviction.

viii. Interim Application stands disposed of accordingly.

                                                           (PRAKASH D. NAIK, J.)




Sajakali Jamadar                                    2 of 2