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Bombay High CourtIA/1878/2025disposed off

Rajendra Eknath Nerkar v. The State Of Maharashtra

2025-05-14Hon'Ble Justice Advait M. Sethna2 pages

M1-IA-1878-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1878 OF 2025 IN CRIMINAL APPEAL NO.533 OF 2025 Rajendra Eknath Nerkar ...Applicant

Versus

The State of Maharashtra

...Respondent

__________ Mr. Harshavardhan Patil i/b. Vishal Kolekar, for the Applicant. Mr. M.M. Sonavane, APP for the Respondent- State. __________ by PALLAVI MAHENDRA WARGAONKAR Date:

2025.05.14 20:22:17 +0530 PALLAVI MAHENDRA WARGAONKAR CORAM :

ADVAIT M. SETHNA, J.

DATE :

14 MAY 2025 (VACATION COURT) P.C.:

1.

Not on board. Upon mentioning taken on board. 2.

Called out for speaking to minutes of order dated 13 May 2025. The parties would submit that there is a typographical error in the order dated 13 May 2025. Paragraph 9 of the order originally reads thus:- "9.

Considering the submissions advanced and after perusal of record, the Court finds substance in the submissions made by Mr. Kadam at this stage on the prayer for suspension of sentence of the applicant. Accordingly, the following order is passed:-" 3.

It shall be substituted by the following paragraph which would now read thus :- "9.

Considering the submissions advanced and after perusal of record, the Court finds substance in the submissions made by Mr. Pallavi

M1-IA-1878-2025.odt Kadam at this stage on the prayer for suspension of sentence of the applicant pending the criminal appeal. Accordingly, the following order is passed:-"

4.

Similarly, in the operative part of the order clause (ii) which is originally as under :- (ii) The sentence imposed by the learned Special Judge, ACB, Mumbai in Special Case No.91 of 2014 vide judgment and order dated 6 May 2025 is hereby quashed and set aside. 5.

The same shall be substituted by the following which would now read thus:- (ii) The sentence imposed by the learned Special Judge, ACB, Mumbai in Special Case No.91 of 2014 vide judgment and order dated 6 May 2025 stands suspended pending the criminal appeal." 6.

The order be corrected accordingly and corrected order be uploaded on the server/Website of this Court.

7.

Praecipe for speaking to minutes of order is disposed of in above terms. [ADVAIT M. SETHNA, J.] Pallavi