Pandhari Bhagwat Panchbuddhe @ Bandgu v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1230 OF 2021 IN CRIMINAL APPEAL NO.350 OF 2021 WITH CRIMINAL APPEAL NO.350 OF 2021 by MEGHA S PARAB Date:

2021.09.14 18:02:32 +0530 MEGHA S PARAB Pandhari Bhagwat Panchbuddhe @ Bandgu ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Subhash Surve with Mr. Rajendra Hegde for the Applicant. Mr. S.V. Gavand , APP for the Respondent-State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 13th SEPTEMBER, 2021.

P.C.:- INTERIM APPLICATION NO.1230 OF 2021:- By this application fled under Section 389 of Cr.P.C., the Applicant has sought suspension of substantive sentence imposed by judgment dated 04/02/2021 in CBI Special Case No. 27 of 2012. 2.

The Applicant, who was accused No.3 has been held guilty of ofences punishable under Section 1322n of the Prevention of Corruption Act, 1988 and sentenced to undergo simple imprisonment for two years with fne of Rs.10,000/- i/d. to undergo simple 1/3

imprisonment for two months. The Applicant has also been held guilty of ofences punishable under Section 420 r/w. 120B of the IPC and sentenced to undergo imprisonment for one year with fne of Rs.5,000/- i/d. simple imprisonment for one month.

3.

Sentence imposed is a short term sentence. Considering the large pendency and also due to the present situation arising from Covid-19 pandemic, it will not be possible to take up the appeal for fnal hearing in immediate future. The Applicant was on bail pending trial and has not misused the liberty.

4.

Considering the above facts and circumstances, the application is allowed on the following terms and conditions:- 2in The substantive sentence imposed vide judgment dated 04/02/2021 in CBI Special Case No. 27 of 2012 is suspended pending disposal of the appeal;

2iin The Applicant is ordered to be released on bail on furnishing PR bonds in the sum of Rs.10,000/- with one or more sureties in the like amount;

2iiin The Applicant shall report to the Trial Court, once in three months on the day/date specifed by the Trial Court, till the appeal is fnally disposed of; 2/3

2ivn The Applicant shall keep the Trial Court informed of his current address and mobile contact number and /or change of residence or mobile details, if any, from time to time.

2vn If there are two consecutive defaults in appearing before the Trial Court, the learned Judge shall make a report to the High Court and the prosecution would be at liberty to fle an application seeking cancellation of bail.

5.

The criminal application stands disposed of.

CRIMINAL APPEAL NO.350 OF 2021:- 6.

Heard. Admit. Call for the record and proceedings. Mr. S.V. Gavand, learned APP waives service on behalf of Respondent-State. Paper book to be fled within a period of six months. (SMT. ANUJA PRABHUDESSAI, J.) 3/3