Ravindra Dattaram Kubade v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 4845 OF 2024 IN CRIMINAL APPEAL NO. 1251 OF 2024 Ravindra Dattaram Kumbade .... Applicant

Versus

State of Maharashtra Thr. Central Bureau of .... Respondent Investigation, ACB, Mumbai.

----- Adv. Prasannan Namboodiri a/w Adv. Tejal Darekar, Adv. Prathibha Namboodiri, Adv. Pallavi Dabak and Adv. Rishabh Sinha, for the Applicant.

Mr. Shreeram Shirsat, SPP a/w Ms. Karishma Rajesh and Adv. Nishad Mokashi, for Respondent No.1. (CBI) Mr. Shrikant H. Yadav, APP, for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2024.12.11 10:20:56 +0530 SHANTANU SHANKARSA DHUDUM DATE : 6th DECEMBER, 2024.

P.C. :

1.

By this application, Applicant is seeking suspension of sentence.

2.

Learned counsel for the Applicant submit that in Special Shantanu Dhudum 1/3

Case No.19 of 2009 @ 82 of 2013 the Applicant is convicted under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 and sentenced to suffer Rigorous Imprisonment for one year and to pay fine of Rs.1,000/- in default to suffer Simple Imprisonment for one month.

Learned counsel further submitted that Applicant is also convicted under Sectinon 120-B read with section 420 of the Indian Penal Code, 1860 (for short "the IPC") and sentenced to suffer Rigorous Imprisonment for one year and to pay fine of Rs.1,000/- in default to suffer Simple Imprisonment for one month. The Applicant has paid the fine amount. The learned Special Court has suspended the sentence till the appeal period. Hence, requested to allow the application.

3.

Learned SPP is strongly objected to allow the application. 4.

I have heard both learned counsel. The sentence imposed on the Applicant is short term sentence. During the trial, he was on bail. He has not misused the liberty. It may take time to dispose of the appeal.

5.

Considering this fact, I pass following order: Shantanu Dhudum 2/3

ORDER

i. Application is allowed.

ii. The sentence imposed on the Applicant is suspended till final disposal of the appeal.

iii. The surety and bail bond furnished by the Applicant before the Special Court be continued till the final disposal of the appeal.

iv. Applicant shall deposit his passport before the Investigating Officer, if any, v. Applicant shall take permission of this Court, if he wants to travel Abroad.

The Application stands disposed of.

( SHIVKUMAR DIGE, J.) Shantanu Dhudum 3/3