Satish Padmanabh Bhat vs State Of Maharashtra
2023 Latest Caselaw 6272 Bom

2023:BHC-AS:18110

                 D.A.Ethape                                                   27-IA-507-2023.doc

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                                    INTERIM APPLICATION NO. 507 OF 2023
                                                    IN
                                      CRIMINAL APPEAL NO. 134 OF 2023

            Satish Padmanabh Bhat                                   ...Appellant
                      Versus
            State Of Maharashtra                                    ...Respondent

                                                     ....
            Mr. Ashok Kumar Dubey i/by Savj Law Solutions Advocate for
            Applicant/Appellant.
            Mr. Amit Munde Special P.P. for Respondent/CBI. .
            Mr. Y. M. Nakhwa, APP for the Respondent - State.

                                                     ....

                                                    CORAM : PRAKASH D. NAIK, J.
                                                      DATE :   3rd JULY, 2023.

            P.C.:-

            1.        This is an application for suspension of sentence and grant of bail

            during the pendency of Criminal Appeal preferred by the Applicant

            challenging the judgment of conviction.

            2.        The applicant has been convicted vide judgment and order dated 16 th

            January 2023 passed by learned Special Judge CBI, Greater Bombay in

            Special Case No.115 of 2010 for offences punishable under Section 120(B)

            of IPC read with Sections 420, 467, 468, 471 read with 120(B) of Indian

            Penal Code. The applicant has been sentenced to suffer rigorous



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        D.A.Ethape                                             27-IA-507-2023.doc

imprisonment for six months on each count and directed to pay fine of Rs.

1,50,000/- for each offence. The total fine amount imposed upon the

Applicant/Appellant is Rs. 7,50,000/-.

3.        The applicant was on bail during the trial. The sentence of

imprisonment was suspended on the date of conviction by the trial Court in

accordance with Section 389 of Cr.P.C. The order issuing sentence was

extended by this Court.

4.        Learned Advocate for the applicant submitted that, fine amount has

been deposited. Learned Advocate for Respondent/CBI submitted that, the

charge against the applicant has been proved. He is the beneficiary of

subject transaction.

5.        The sentence imposed by the trial Court is of short term. The appeal

would not be taken up for hearing immediately. The applicant was on bail

during the trial and even on the day of conviction which has been

suspended. Hence, case for suspension of sentence is made out.

                                        ORDER

(i) Interim Application No. 507 of 2023 is allowed.

(ii) The substantive sentence of imprisonment imposed vide Judgment

and order dated 16th January 2023 passed by learned Special Judge CBI,

Greater Bombay in Special Case No.115 of 2010 is suspended and the

applicant is directed to be released on same bail granted by the trial Court

with fresh bond.

     D.A.Ethape                                                27-IA-507-2023.doc

(iii)    The applicant shall attend trial Court once in a six months on first

Saturday of the Month between 11:am to 01:00 pm till further orders.

(iv) Interim Application stands disposed off.

(PRAKASH D. NAIK, J.)