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Bombay High CourtIA/1241/2025disposed off

Anant Dhondu Mahadik v. Central Bureau Of Investigation And ANR

2025-03-27Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1241 OF 2025 IN CRIMINAL APPEAL NO. 316 OF 2025 Anant Dhondu Mahadik ... Applicant

Versus

Central Bureau of Investigation and Anr.

... Respondents .............

Mr. P. G. Sabnis a/w. Ms. Karishma Khedekar, Advocates for the Applicant. Mr. S. M. Mangaonkar, APP for the State.

CORAM

: SHIVKUMAR DIGE, J.

DATED : 27th MARCH, 2025.

P. C. :

1.

This is an application for suspension of sentence and bail. 2.

Heard learned counsel for the applicant and learned APP for the State.

3.

The applicant has been convicted by the learned Special Judge, CBI, Gr. Bombay, under Section 248(2) of the Code of Criminal Procedure ("Cr.P.C.") for committing offence punishable under Section 120B of Indian Penal Code & sentenced to suffer rigorous imprisonment for 6 months and to pay fine of Rs.5,000/- in default of payment of fine to suffer rigorous imprisonment for 2 months. The applicant is convicted under Section 1/3

248(2) of Cr.P.C. for committing offence punishable under Section 420 of IPC and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.10,000/- in default of payment of fine to suffer rigorous imprisonment for 3 months. The Applicant is convicted under Section 248(2) of Cr.P.C. for committing offence under Section 13(1)(d) punishable under Section 13(2) of the prevention of Corruption Act, 1988 and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.10,000/-, in default of payment of fine to suffer rigorous imprisonment for 3 months.

4.

It is contention of learned counsel for the applicant that the trial Court has granted bail and suspended his sentence during the appeal. During the trial the applicant was on bail, hence requested to allow the application.

5.

The learned APP strongly objected to allow the application. 6.

I have heard both the learned counsel. The sentence imposed on the applicant is short term sentence. The trial Court has granted bail to the applicant and suspended his sentence till final disposal of the appeal. During the trial the applicant was on bail. It may take time to dispose of the trial.

7.

In view of above, the applicant's sentence is suspended and he is enlarged on bail, pending the hearing and final disposal of the appeal, on 2/3

the following terms and conditions:

ORDER

i.

The substantive sentence imposed on the applicant in Spl. Case No. 111 of 2014, in terms of order dated 27.02.2025 passed by the learned Special Judge, CBI, Gr. Bombay, till final disposal of the appeal. ii. The applicant be enlarged on bail on furnishing P.R.Bond in the sum of Rs. 50,000/- with one or two sureties in the like amount.

iii. The bail bond to be furnished before the trial Court. 8.

The Interim application stands disposed of.

9.

All concerned to act on the authenticated copy of this order. ( SHIVKUMAR DIGE, J.) by SONALI SATISH KILAJE Date:

2025.04.01 17:46:41 +0700 SONALI SATISH KILAJE 3/3