Kallakuri Vijay Ramarao vs The State Of Maharashtra And Anr
2024 Latest Caselaw 571 Bom

Bombay High Court

Kallakuri Vijay Ramarao vs The State Of Maharashtra And Anr on 10 January, 2024

Author: M. S. Karnik

Bench: M. S. Karnik

024:BHC-AS:2



               Diksha Rane                          32.ia 4079-23.doc




                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                         INTERIM APPLICATION NO.4079/2023
                                        IN
                           CRIMINAL APPEAL NO.1224/2023

               KALLAKURI VIJAY RAMARAO                   ..APPLICANT
                     VS.
               THE STATE OF MAHARASHTRA & ANR.           ..RESPONDENTS
                                          ------------
               Adv. Saurabh Butala a/w. Adv. Harshad Sathe for the
               applicant.
               Mr. S. H. Yadav, APP for the State.
               SPP Amit Munde a/w. Adv. Parikshit Pawar for the respondent
               no.2- CBI, ACB, Mumbai
                                          ------------

                                       CORAM : M. S. KARNIK, J.

DATE : JANUARY 10, 2024. P.C. :

1. This is an application for suspension of sentence. The

appeal is already admitted. The sentence imposed is three

years rigorous imprisonment for the offence punishable

under Sections 7, 13(1)(d), 13(2) of the Prevention of the

Corruption Act, 1988.

2. Learned counsel for the CBI vehemently opposed the

application for suspension of sentence. It is submitted that

after a detailed evaluation of the evidence on record, the

trial Court for cogent reasons convicted the appellant. It is

Diksha Rane 32.ia 4079-23.doc

further submitted that the appeal itself be taken up for final

hearing as the trial involves examination of only five

witnesses.

3. Considering the pendency, it is not possible to accede

to this request of learned counsel for the CBI. The present

appeal is not likely to be heard any time soon. In the facts

and circumstances of the present case, considering that the

sentence imposed is of three years rigorous imprisonment

and as the applicant was on bail during the trial, I am

inclined to suspend the sentence.

4. Learned counsel for the applicant submitted that the

fine amount has been paid. Accordingly, the sentence

imposed by the trial Court by its judgment and order dated

8/9/2023 is suspended.

5. The applicant shall be released on bail on furnishing

P.R. Bond to the extent of Rs.25,000/- with one or more

sureties in the like amount.

6. The applicant shall report to the trial Court once in six

months on every first Monday of the concerned month

between 11.00 a.m. and 1.00 p.m., commencing from

February 2024.

 Diksha Rane                            32.ia 4079-23.doc


7.   The application is disposed of.

                                  (M. S. KARNIK, J.)