Bombay High Court
Ganesh Sadashiv Dhayagude vs The Central Bureau Of ... on 7 June, 2023
Bench: Prakash Deu Naik
2023:BHC-AS:15154
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1265 OF 2023
IN
CRIMINAL APPEAL NO.394 OF 2023
Nitin Trimbak Nikam Applicant
versus
The CBI and another Respondents
AND
INTERIM APPLICATION NO.1586 OF 2023
IN
CRIMINAL APPEAL NO.481 OF 2023
Ganesh Sadashiv Dhayagude Applicant
versus
The CBI and another Respondents
Mr.Nagesh Khedkar, Mr.Shrikant Panhale i/by Mr.Shailesh Chavan,
Advocate for Applicant in IA No.1265/2023.
Mr.Satyavrat Joshi, Advocate for Applicant in IA No.1586/2023.
Mr.Aayush Kedia h/for Mr.H.S.Venegavkar, Special P.P for Respondent
no.1.
Mr.Y.M.Nakhwa, APP, for State.
CORAM : PRAKASH D. NAIK, J.
DATE : 7th June 2023
PC :
1. The Applicant Nitin Nikam is convicted for the offence u/s.7 of
Prevention of Corruption Act and sentenced to suffer rigorous
imprisonment for three years and to pay fine of Rs.50,000/-. He is
also convicted for the offence u/s.120B of IPC and sentenced to
suffer rigorous imprisonment for three years and fine of Rs.10,000/-;
whereas Applicant Ganesh Dhayagude is convicted for offence
u/s.120B of IPC and sentenced to suffer imprisonment for three
years.
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2. Both the applicants have preferred the appeals challenging the
judgment of conviction and applications for suspension of sentence
of judgment. The appeals are admitted and pending for final
disposal.
3. The applicants were on bail during trial. The sentence of
imprisonment was suspended by the Trial Court for a temporary
period to enable the appellants/applicants to prefer appeal. The
order suspending sentence of imprisonment awarded against Nitin
Nikam has been extended by this Court vide Order dated 6 th April
2023.
4. Learned advocate for Applicants submitted that sentence is of
short term. Applicants were on bail during trial. The evidence
adduced by prosecution suffers from serious discrepancies. The
appeal may not come up for hearing immediately.
5. Advocate for Respondent submitted that although the sentence
is of short term, the offence is of serious nature. There is sufficient
evidence against applicants.
6. Considering the fact that Applicants were on bail during trial
and on the date of conviction, conviction was suspended by the Trial
Court, the submissions of advocate for applicants and factual aspects
of the matter, conviction can be suspended.
ORDER
(i) Interim Application No.1265 of 2023 and Interim Application
No.1586 of 2023 is allowed and disposed off;
(ii) The sentence of imprisonment imposed vide Judgment and
Order dated 9th February 2023 in Special (ACB) No.758 of 2020 by
Special Judge (CBI-ACB), Pune, against applicants is suspended till
final disposal of respective Criminal Appeals, and applicants herein
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are directed to be released on bail on their executing P.R bond in the
sum of Rs.20,000/- each with one or two sureties in the like amount;
(iii) The applicants shall report CBI-ACB, Pune once in six months
on first Saturday of the month between 11 am and 1 pm till final
disposal of respective Appeal.
(PRAKASH D. NAIK, J.)
MST
