Raju Puna Ramole vs State Of Maharashtra
2023 Latest Caselaw 11397 Bom

2023:BHC-AS:33804

                                                                                        8. IA 4091-23.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                INTERIM APPLICATION NO.4091 OF 2023
                                                IN
                                  CRIMINAL APPEAL NO.1226 OF 2023

             Raju Puna Ramole                                ...       Applicant
                        Versus
             The State of Maharashtra
             (Through Satana Police Station)                 ...       Respondent
                                            ***
             Mr. Shrirang Katneshwar Kar i/b Ganesh Gadhe for the Applicant.

             Mr. A.R. Patil, APP for Respondent-State.
                                            ***
                              CORAM : NITIN B. SURYAWANSHI, J.

DATE : 6 NOVEMBER 2023 P.C.

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

bail during the pendency of the Criminal Appeal preferred by the

Applicant challenging the judgment and conviction.

2 Applicant is convicted by Special Judge, Malegaon, Tal.

Malegaon, Dist. Nashik in Spl (ACB) Case No.37 of 2021 under

Section 7 of the Prevention of Corruption Act, 1988, vide Section 235

of the Code of Criminal Procedure, 1973 and sentenced to suffer

rigorous imprisonment for five years and to pay a fine of

Rs.10,00,000/-.

             Chittewan                                                                               1/3
                                                                8. IA 4091-23.doc




3           Heard learned Counsel for the Applicant and learned APP for

Respondent-State.



4           Perused the record. Applicant is Government Servant and the

sentence imposed upon is a short term sentence and the appeal

preferred by the Applicant/Appellant is not likely to be heard in near

future. No exceptional circumstances are there on record to deny

relief to the Applicant. In the light of decision of the Apex Court in

the case of Bhagwan Rama Shinde Gosai and Ors. Vs. State of

Gujrat1, the Applicant deserve to be released on bail. Hence, the

following Order :

(i) Interim Application is allowed.

(ii) Substantive sentence of imprisonment imposed vide judgment and order dated 25 th October 2023 in Special (ACB) Case No.37/2021 passed by Special Judge, Malegaon, Tal. Malegaon, Dsit. Nashik is suspended during the pendency of the Appeal.

(iii) Applicant- Raju Puna Ramole be released on bail on executing PR bond in the sum of Rs.15,000/- with one surety in the like amount.

1(1999) SCC (Cri.) 553

Chittewan 2/3

8. IA 4091-23.doc

(iv) Applicant-Raju Puna Ramole shall furnish his permanent address as well as present address to the concerned police station along with copies of his Aadhar Card and Cell number/s.

(NITIN B. SURYAWANSHI, J.)

Chittewan 3/3 Signed by: Rajesh Chittewan Designation: PA To Honourable Judge Date: 06/11/2023 18:07:42