Pramod Kumar Mahour v. State Of Maharashtra And ANR

2024:BHC-AS:19669

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1635 OF 2024 IN CRIMINAL APPEAL NO. 411 OF 2024 PRAMOD KUMAR MAHOUR ..APPLICANT/ APPELLANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. Prashant Darandale i/b Adv. Amol Patil for the Applicant/Appellant.

Adv. Shreeram Shirsat for Respondent No.2 a/w Mr. Swapnil V. Walve, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : APRIL 29, 2024 P.C. :

CRIMINAL APPEAL NO. 411 OF 2024 1.

Not on board. Upon mentioning taken on board. 2.

Heard learned counsel for the appellant and learned counsel for respondent No.2- CBI.

3.

Admit.

4.

Call for record and proceedings.

5.

Learned APP and learned counsel for respondent No.2 1/3

waive service of notice on behalf of respondent No.1-State and respondent No.2-CBI respectively.

INTERIM APPLICATION NO. 1635 OF 2024 6.

This is an application for suspension of the sentence imposed by the trial Court vide judgment and order dated 22/03/2024 and for bail.

7.

The applicant is convicted for offence under Section 7, 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 and sentenced to undergo imprisonment for 3 years and fine. The fine amount has been paid. 8.

The applicant was arrested on 02/03/2017 and was granted bail on 15/03/2017. There is nothing on record to indicate that during the trial, the applicant has misused his liberty. The appeal is unlikely to be heard any time soon. Considering the short sentence and in the facts and circumstances of the present case, though the application is opposed by the learned APP and Shri Shirsat, I am inclined to suspend the sentence.

9.

The sentence imposed by the trial Court vide judgment and order dated 22/03/2024 is accordingly 2/3

suspended.

10.

The applicant is released on same bail as in the trial Court but with fresh bonds.

11.

The applicant shall report to the trial Court once a year, on the first Monday of the concerned month, between 11.00 a.m. and 1.00 p.m., commencing June 2024. 12.

The applicant shall deposit his passport with the Registry of this Court. If the applicant does not have a passport, the applicant shall file an affidavit before this Court to that effect.

13.

The application is disposed of.

(M. S. KARNIK, J.) 3/3 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 30/04/2024 10:46:10