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Satish Sharadchandra Sane And Anr vs State Of Maharashtra And Anr
2023 Latest Caselaw 831 Bom

Citation : 2023 Latest Caselaw 831 Bom
Judgement Date : 24 January, 2023

Bombay High Court
Satish Sharadchandra Sane And Anr vs State Of Maharashtra And Anr on 24 January, 2023
Bench: S. V. Kotwal
                                                                             03-ia-149-23 (STM).odt




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

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

                     Satish Sharadchandra Sane & Anr.                   .... Applicants
                               Versus
                     The State of Maharashtra                           .... Respondent

                                                     ______

                     Mr. Ashish Vernekar i/b. Nitesh J. Mohite for Applicants.
                     Mr. S. R. Agarkar, APP for State/Respondent.
                                                    ______

                                                  CORAM : SARANG V. KOTWAL, J.
                                                  DATE  : 24 JANUARY 2023

                     P.C. :

                     1.           The office has placed this matter for speaking to the

                     minutes of the order dated 16/01/2023. There is a typographical

                     error in the title of the order dated 16/01/2023. In the title the

                     Criminal Appeal number is mentioned as 'Criminal Appeal No.35

                     of 2013'. The correct number is 'Criminal Appeal No.35 of 2023'.

                     This typographical error be corrected.

                     3.           Rest of the order shall remain as it is.
        Digitally
        signed by
        VINOD
VINOD   BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
        2023.01.27
        10:47:11
        +0530
                     Gokhale                                                                 1 of 5
                                                        03-ia-149-23 (STM).odt


4.             Corrected order be uploaded.


                                              (SARANG V. KOTWAL, J.)


          CORRECTED ORDER DATED 16th JANUARY, 2023 READS THUS:



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION

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

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


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                                                       03-ia-149-23 (STM).odt


     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

     imprisonment for one year each.



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


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                                                        03-ia-149-23 (STM).odt


     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.



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.

Gokhale                                                                4 of 5
                                                    03-ia-149-23 (STM).odt


          (ii)   Interim   Application    stands    disposed          of
                 accordingly.


                                         (SARANG V. KOTWAL, J.)




Gokhale                                                            5 of 5
 

 
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