Diwakar Prabhakarrao Morgaonkar And Another v. State Of Mah.Thr.Acb Nagpur

1 22.appa679.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 679/2019 IN CRIMINAL APPEAL NO.119 / 20 Smt. Snehlata W/o. Sudhakar Sadawarte ..VS..

State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Yogesh Mandpe, Advocate for the applicant Shri Vishal Gangane, A.P.P. for the respondent. CORAM : V. M. DESHPANDE, J .

DATED : 2 9 /07/2019 Heard Shri Yogesh Mandpe, learned counsel for the applicant and Shri Vishal Gangane, the learned A.P.P. for the respondent.

2] Initially, the appeal was filed in the year 2005 by Diwakar S/o Prabhakarrao Morgaonkar and present applicant Snehlata W/o. Sudhakar Sadawarte challenging the judgment and order of conviction dated 10/02/2005, in which they were convicted for the offences under the Prevention of Corruption Act, 1988. 3] Both of them were released on bail by this Court.

4] During the pendency of the appeal, appellant No.1 Diwakar Prabhakarrao Morgaonkar died and therefore, his widow Smt Pushpa Diwakar Morgaonkar filed an application for getting her name substituted in

2 22.appa679.2019 place of her deceased husband. The said application was allowed and she was permitted to prosecute the appeal alongwith present applicant-Snehlata. Subsequently, as per the order dated 24/12/2013 Smt Pushpa Wd/o. Diwakar Morgaonkar was allowed to withdraw the appeal. Thus, only the appeal by present applicant Snehlata continue. They were represented by their counsel. On 26/03/2019 her advocate informed this Court that she has taken away the brief therefore, notice was issued to the present applicant. On 18/06/2019 the Non bailable Warrant was issued against applicant Snehlata.

5] According to the submission of Shri Yogesh Mandpe, learned counsel for the applicant, in execution of the Non bailable warrant Snehlata is arrested. Learned Additional Public Prosecutor Shri Vishal Gangane also, on the written instructions from the Police Department, submitted that applicant-Snehlata is arrested and she is in Central Jail.

6] In view of the age of the applicant and the fact that she has not misused the liberty granted to her, in my view this application needs to be considered favorably. Consequently, I passed the following order:

ORDER

i] Application is allowed.

Ii] Applicant Snehlata W/o. Sudhakar Sadawarte be released on bail on she executing the PR bond of Rs.

3 22.appa679.2019 20,000/- with one solvent surety of the like amount. Bail bond be executed before the Special Court designated under the Prevention of Corruption Act, 1988 at Nagpur. The application stands disposed of.

CRIMINAL APPEAL NO.119 / 20 The appellant shall remain personally present before this Court at the time of final hearing. Put up this appeal for final hearing after four weeks.

JUDGE Namrata