Sivasailam Hariharan S/O S. Hariharan v. State Of Maharashtra And ANR.

77-IA-4235-25.doc S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4235 OF 2025 IN CRIMINAL APPEAL NO. 1093 OF 2025 Sivasailam Hariharan S/o S. Hariharan ... Applicant

Versus

The State of Maharashtra & Anr.

... Respondents ____________________________________________________________ Mr. Saeed Akhar a/w. H. Shaikh and Shifa Farooqui, Advocate for the Applicant.

Smt. Ranjana D. Humane, APP for Respondent-State. Mr. Amit Munde, SPecial P.P. a/w. Jai Vohra, for CBI - Respondent No.2. _________________________________________________________________ SONALI SATISH KILAJE by SONALI SATISH KILAJE Date:

2026.01.16 18:06:58 +0700

CORAM

: SHIVKUMAR DIGE, J.

DATE : 14th JANUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking suspension of sentence.

2.

It is contention of learned counsel for the applicant that applicant has been convicted under Section 120-B read with Section 420 of Indian Penal Code, 1860 (for short "IPC") and sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs.5,000/-. In default of payment of fine applicant to undergo simple imprisonment for a period of three months. During the trial applicant was on bail. The Trial Court has suspended the sentence. The applicant has

77-IA-4235-25.doc S.S.Kilaje deposited the fine amount hence requested to allow the application. 3.

Learned APP strongly objected to allow the application on the ground if applicant's sentence is suspended he may abscond, hence requested to reject the application.

4.

I have heard both learned counsel. Perused impugned Judgment and order. The sentence imposed on the applicant is a short term sentence. During trial applicant was on bail. He has not misused liberty. Learned Trial Court has suspended the sentence. In view of above, I pass following order.

ORDER

i.

The substantive sentence imposed on the applicant in CBI Special Case No. 81 of 2000 is suspended till disposal of the appeal.

ii.

The applicant be enlarged on bail on furnishing P.R.Bond in the sum of Rs. 25,000/- with one or two surety in the like amount.

iii.

The bail bond to be furnished before the Trial Court. 5.

Interim application stands disposed of.

(SHIVKUMAR DIGE, J.)