Bombay High Court
Shankar Vishwanath Mahajan vs The State Of Maharashtra on 6 August, 2024
2024:BHC-AUG:16961
(1) cria3135.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
901 CRIMINAL APPLICATION NO. 3135 OF 2024
IN APEAL/701/2024
SHANKAR VISHWANATH MAHAJAN
VERSUS
THE STATE OF MAHARASHTRA
Mr.Nilesh S. Ghanekar, Advocate for the applicant.
Ms.Ashlesha S. Deshmukh, APP for the respondent-State.
CORAM : KISHORE C. SANT, J.
DATE : 06.08.2024
PC :-
01. Heard. This application is filed for suspension of substantive
sentence and release of the applicant on bail in connection with judgment
and order dated 01.08.2024 in Special Case (ACB) No. 18 of 2015
passed by Special Judge, Osmanabad.
02. The applicant is held guilty for the offence punishable under
sections 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act. After
pronouncement of judgment, the applicant is immediately taken in
custody on the same day. It is pointed out that though the judgment
and order is dated 01.08.2024, it was not uploaded on internet till
05.08.2024 and there is no dispute about this fact. This Court expresses
concern about this fact that though the applicant was taken in custody,
(2) cria3135.24
no copy of judgment was made available to him.
03. Learned Advocate for the applicant has relied upon judgment
of the Hon'ble Supreme Court in the case of Ajay Singh And Anr. Vs.
State of Chhattisgarh & Anr., Criminal Appeal No.32-33 of 2017.
It is held in para 17 that copy of the judgment needs to be given
immediately on its pronouncement. On the same point, learned
Advocate for the applicant further relied upon order of this Court at
Principal Seat in the case of Salman Salim Khan Vs. State of
Maharashtra, Cri. Application No.592 of 2015.
04. Inspite of this well settled position, the learned Trial Judge
has not taken care to supply copy of the judgment immediately to the
convict.
05. Today both the learned Advocates for the applicant as well as
learned APP produced on record copy of the impugned judgment.
Considering the fact that the accused was on bail during the trial, the
maximum sentence awarded is only five years and the appeal is not
likely to be heard in near future, this Court is inclined to allow the
application.
(3) cria3135.24
06. Hence, following order :-
(i) The application is allowed.
(ii) The substantive sentence imposed by learned Special
Judge, Osmanabad in Special Case (ACB) No.18 of 2015
dated 01.08.2024 for the offences punishable under sections
7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act
stands suspended till disposal of the appeal.
(iii) The applicant shall be released on bail on furnishing PR
bond and solvent surety in the sum of Rs.15,000/- (Rupees
Fifteen Thousand).
(iv) The applicant shall make himself available as and when
required by the Court and Police.
(v) The applicant shall keep informed the concerned police
station of his contact details, such as, residential address,
mobile number etc.
(vi) Hamdust allowed.
(vii) Parties to act upon authenticated copy.
[KISHORE C. SANT, J.]
snk/2024/AUG24/cria3135.24
