Satish Sharadchandra Sane And Anr vs State Of Maharashtra And Anr
2023 Latest Caselaw 542 Bom

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                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                            INTERIM APPLICATION NO.149 OF 2023
                                                            IN
                                              CRIMINAL APPEAL NO.35 OF 2013

                           Satish Sharadchandra Sane & Anr.                    .... Applicants

                                      versus

                           State of Maharashtra                                .... Respondent
                                                              .......

                           •       Mr. Satyavrat Joshi i/b. Mr. Nitesh J. Mohite, Advocate for
                                   Applicants.
                           •       Mr. S. R. Agarkar, APP for the State/Respondent No.1.

                                                      CORAM       : SARANG V. KOTWAL, J.
                                                      DATE        : 16th JANUARY, 2023

                           P.C. :


                           1.             The Applicants have challenged the Judgment and

                                Order dated 19/12/2022 passed by Special Judge, Sangli, in

                                Special (ACB) Case No.06/2008. The Applicants were convicted

                                for the offence punishable u/s 12 of the Prevention of

                                Corruption Act, 1988 and were sentenced to suffer rigorous
          Digitally
          signed by
          MANUSHREE
MANUSHREE V
                                imprisonment for one year each.
V         NESARIKAR
NESARIKAR Date:
          2023.01.18
          14:37:52
          +0530




                       Nesarikar
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2.            The complainant in this case is P.W.1 Ranjit Rajshirke,

     who was serving as Deputy Vigilance Officer in the Department

     of Maharashtra State Electricity Distribution Co. Ltd., Pune. The

     Applicant No.1 was serving as Deputy Executive Engineer and

     the Applicant No.2 was serving as Junior Engineer in this

     department. They offered bribe of Rs.5,000/- for not taking

     action against them. The complaint was lodged on 20/07/2007

     and a trap was laid.



3.            Heard Mr. Satyavrat Joshi, learned counsel for the

     Applicant and Mr. S. R. Agarkar, learned APP for the State.



4.            Learned counsel for the Applicant submitted that there

     is serious discrepancy between the evidence of the Pancha and

     the complainant. The recording of demand was not heard in the

     Court. The recording is doubtful. The sentence is short. The

     Appeal is not likely to be decided within that period. Even after

     their conviction, they were granted bail u/s 389 of Cr.P.C. They

     were on bail during trial and they have not misused that liberty.
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5.             Considering these submissions, bail can be granted to

     the Applicants, pending final hearing and disposal of their

     Appeal.



6.             Hence, the following order :



                                  ORDER

(i) During pendency and final disposal of the Criminal Appeal No.35 of 2023, the Applicants are directed to be released on bail on their furnishing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only) each, with one or two sureties each, in the like amount.

(ii) Interim Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)