Citation : 2024 Latest Caselaw 2951 Bom
Judgement Date : 31 January, 2024
2024:BHC-AS:4552
Darshan Patil 19-ia-3579-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3579 OF 2023
IN
APPEAL NO. 1097 OF 2023
Suryakant Hari Sangale ..Applicant
VS.
The Central Bureau of
Investigation and Anr. ...Respondents
Adv. Zaid Anwar Qureshi for the Applicant (through V.C.).
Adv. Shantanu Thorat h/f Mr. H.S. Venegavkar for the
Respondent - CBI..
Mr. S. H. Yadav, APP for the State.
CORAM : M. S. KARNIK, J.
DATE : JANUARY 31, 2024
P.C. :
1. Heard learned counsel for the applicant, learned APP
for the State and learned counsel for the respondent-CBI.
2. This is an application for suspension of sentence and
for enlarging the applicant/original accused on bail. The
applicant was tried and convicted by the learned Special
Sessions Judge, Pune, by its judgment and order dated
31/08/2023 passed in Special (ACB) Case No. 1011/2021
for the offence punishable under Section 7 of the Prevention
Darshan Patil 19-ia-3579-23.doc
of Corruption Act and sentenced to suffer rigorous
imprisonment for three years and to pay a fine amount of
Rs.50,000/-. The fine amount has been paid. The appeal is
not likely to be heard any time soon. The applicant was on
bail during the trial.
3. Learned counsel for the respondent-CBI Shri
Venegavkar opposed the application. It is submitted that
for cogent reasons, the accused has been convicted by the
trial Court. It is further requested that the appeal be taken
up for a final hearing.
4. However, there is no specific reason to give priority to
this appeal for final hearing especially when the old cases
are pending for final hearing. I have gone through the
judgment and order of the trial Court. There is nothing on
record to indicate that the applicant has misused his liberty
while on bail. Considering that the appeal is not likely to be
heard any time soon and the sentence imposed is of three
years, I am inclined to suspend the sentence.
5. The sentence imposed by judgment and order dated
31/08/2023 in Special (ACB) case No. 1011/2021 is hereby
Darshan Patil 19-ia-3579-23.doc
suspended.
6. The applicant shall be released on bail on his
furnishing P.R. bond to the extent of Rs.25,000/-with one or
more sureties of the like amount.
7. The applicant shall report to the trial Court once in six
months, every first Monday of the concerned month,
between 11.00 a.m. and 01.00 p.m., commencing March
2024.
8. The application is disposed of in the above terms.
(M. S. KARNIK, J.)
Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 31/01/2024 14:41:06
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