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Bombay High CourtIA/3865/2025disposed off

Kishor Vishwanath Mankame v. State Of Maharashtra

2025-10-17Hon'Ble Shri Justice N. R. Borkar2 pages

911-ia-3865-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3865 OF 2025 IN CRIMINAL APPEAL NO. 1038 OF 2025 Kishor Vishwanath Mankame ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. Vaibhav Bagade, a/w Mr. Sail Khatavkar a/w Mr. Aman Kothari, a/w Mr. Gaurav Kalekar, Advocate for the Applicant. Mr. B. V. Holambe Patil, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

17.10.2025.

P.C. :

1.

By this application, the applicant is seeking suspension of sentence and grant of bail during the pendency of the Criminal Appeal No. 1038 of 2025 filed by him against the judgment and order dated 30.09.2025 passed by the Additional Sessions Judge, Thane, in Special Case No. 24 of 2018, by the which the learned Additional Sessions Judge has convicted the applicant for the offences punishable under Sections 7, 12, 13(1)(d) & 13(2) of the Prevention of Corruption Act and sentenced him to suffer rigorous imprisonment for one year on each count.

2.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

Pramod S.Lakare 1/2

911-ia-3865-2025.doc 3.

The learned counsel for the applicant submits that the applicant has a good case on merits. It is submitted that the applicant was on bail during the trial. It is submitted that the appeal filed by the applicant is not likely to be taken up for final hearing in near future.

4.

On the other hand, the learned APP for the respondentState submits that the applicant is convicted for serious offences under the Prevention of Corruption Act. It is submitted that considering the nature of crime, the sentence may not be suspended.

5.

The fact that the applicant was on bail during trial is not disputed. Considering the pendency of the criminal appeals the appeal filed by the present applicant is not likely to be taken up for hearing in near future. In that view of the matter, I am inclined to suspend the sentence and release the applicant on bail. In the result, the following order is passed :

O R D E R

a) The Application is allowed.

b) The substantive sentence imposed by the trial Court is hereby suspended and the Applicant be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand with one or two sureties in the like amount.

[N.R.BORKAR, J.] Pramod S.Lakare 2/2