Bombay High Court
Ku. Sarika Bhaskar Chopade/Sau. Sarika ... vs The State Of Maharashtra Thr. Pso, ... on 2 August, 2024
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO. 720 OF 2024
IN
CRIMINAL APPEAL NO. 403 OF 2024
Ku. Sarika Bhaskar Chopade/ Sau. Sarika Pankaj Pachlore
Vs
State of Maharashtra
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Mr. S.P. Bhandarkar, counsel for the applicant/appellant.
Ms. Soniya Thakur, APP for respondent/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 02/08/2024.
1. Heard.
2. By this application, the applicant/appellant has
challenged the judgment and order of sentence passed by
the learned Special Judge under the Prevention of
Corruption Act, and Additional Sessions Judge, Amravati, by
which the present appellant, who is the original accused No.
8, is convicted for the offence punishable under Section 109
of the Indian Penal Code, 1860, read with Section 13(2) of
the Prevention of Corruption Act, and sentenced to suffer
rigorous imprisonment for three months and to pay a fine of
Rs. 10,000/-, in default, to suffer further R.I. for one month.
She is also convicted for the offence punishable under
Section 109 of the Indian Penal Code, 1860, along with
Section 2 read with Section 3 of the Benami Transactions
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(Prohibition) Act, 1988, and sentenced to suffer R.I. for one
month.
3. Heard learned counsel for the appellant, who
invited my attention towards the observation in the
impugned judgment as well as the deposition of the
witnesses and pointed out that, the appellant has many
arguable points in the present appeal; however, the
punishment is of a limited period. In the meantime, if the
sentence is executed, the entire purpose of preferring the
appeal would be frustrated.
4. He submitted that there is no allegation against the
present appellant that either she has misused her liberty
during the trial or when she was on bail. In view of that, the
execution of the sentence be suspended, and the appellant
be released on bail.
5. Learned APP strongly opposed the said application
and submitted that the appeal itself is devoid of merits and
liable to be dismissed.
6. After hearing learned counsel for the appellant and
learned APP for the State, perused the impugned judgment
as well as the deposition, which are placed on record. From
which, the learned counsel for the appellant pointed out that
he has many arguable points in the present appeal.
Moreover, the punishment imposed is of a limited period
and there is no chance of disposal of the appeal in the near
future. In view of that, the execution of the sentence
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deserves to be suspended by releasing the appeal on bail.
Accordingly, I proceed to pass the following order:
ORDER
(i) The application is allowed.
(ii) The execution of the sentence in Special Case ACB
No. 11/2005 is hereby suspended till disposal of the appeal.
(iii) The appellant shall be released on bail on executing
P.R. Bond in the sum of Rs.25,000/- with one solvent surety
in the like amount.
(iv) The appellant shall furnish her cellphone number
and address along with the address proof before the trial
Court.
The criminal application (APPA) No. 720/2024 is
disposed of.
CRIMINAL APPEAL NO. 403 OF 2024
1. Heard.
2. ADMIT.
3. Call for R. & P.
4. Learned Additional Public Prosecutor waives service
of notice on behalf of respondent/State.
5. Place the appeal before the Court after preparation
of the paper book.
[URMILA JOSHI-PHALKE, J.]
Signed by: Mr. R.K. NANDURKAR
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Designation: PA To Honourable Judge
Date: 05/08/2024 18:39:52
