Suryakant Hari Sangale v. The Central Bureau Of Investigation And ANR.
2024:BHC-AS:4552
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 1/3
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 2/3
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.) 3/3 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 31/01/2024 14:41:06