Sanjay Champalal Bora v. The State Of Maharashtra
1-crappln.1835.2024 and ors.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1835 OF 2024 IN CRIMINAL APPEAL NO.426 OF 2024 1.
Dnyandeo Sabhaji Waphare 2.
Sujata Dnyandeo Waphare ..Applicants Vs.
The State of Maharashtra ..Respondent ---- Mr.R.N.Dhorde, Senior Advocate i/b. Mr.V.R.Dhorde along with Mr.P.S.Dighe, Mr.S.P.Nimbalkar and Mr.S.S.Dudhane, Advocates for applicants Mrs.U.S.Bhosale, APP for respondent Mr.V.H.Dighe, Advocate for informant ---- AND CRIMINAL APPLICATION NO.1892 OF 2024 IN CRIMINAL APPEAL NO.443 OF 2024 Sanjay Champalal Bora ..Applicant Vs.
State of Maharashtra ..Respondent ---- Mr.J.V.Deshpande, Advocate for applicant Mrs.V.S.Choudhary, APP for respondent ---- AND CRIMINAL APPLICATION NO.1994 OF 2024 IN CRIMINAL APPEAL NO.458 OF 2024 Sahebrao Ramchandra @ Balasaheb Bhalekar ..Applicant vs.
The State of Maharashtra ..Respondent
---- Mr.R.K.Temkar, Advocate for applicant Mr.B.B.Bhise, APP for respondent ----
CORAM
:
R.G.AVACHAT AND NEERAJ P. DHOTE, JJ.
DATE :
MAY 10, 2024 PER COURT :- Issue notice to the respondent in Criminal Application No.1994 of 2024 in Criminal Appeal No.458 of 2024. Learned APP waives notice.
2.
These applications have been filed for suspension of substantive sentence awarded by learned Addl. Sessions Judge, Ahmednagar, vide judgment and order dated 10.04.2024 in Sessions (MPID) Case No.323 of 2011, whereby the applicants/appellants have been convicted and sentenced for the offences punishable under Sections 177, 406, 409, 420, 465 r/w.471, 467 r/w.471, r/w.34, 120-B of Indian Penal Code and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999. 3.
Mr.R.N.Dhorde, learned senior counsel for the applicants submits that applicant no.2 - Sujata Dnyandeo Waphare in Criminal Application No.1835 of 2024, was protected by way of order in a prearrest bail application and was throughout on anticipatory bail. He
submits that she is in the process of depositing amount, as directed by learned single Judge of this Court vide order dated 14.03.2024 in Civil Application No.14407 of 2023 in Writ Petition No.10889 of 2022, arising out of the same episode.
4.
Learned APP for the State seeks time.
5.
In view of the above submissions by learned senior counsel, by way of interim order, we are inclined to suspend the sentence awarded to the applicant no.2 - Sujata Dnyandeo Waphare in Criminal Application No.1835 of 2024, till decision of the application. Hence, the following interim order:- 6.
The substantive sentence of imprisonment awarded against applicant no.2 - Sujata Dnyandeo Waphare in Criminal Application No.1835 of 2024 in Criminal Appeal No.426 of 2024, by learned Addl. Sessions Judge, Ahmednagar, vide judgment and order dated 10.04.2024 in Sessions (MPID) Case No.323 of 2011, to stand suspended, till decision of the application. She be released on bail, on executing P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one or more sureties in the like amount. Bail before the trial court.
7.
The matters be listed for further hearing on 18.06.2024. [NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] KBP