Nandkishor S/O Gangadhar Khairnar v. State Of Maharashtra

146-ia- 986-2026 (CR).doc Rohit Ghuge IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 986 OF 2026 IN CRIMINAL APPEAL (ST) NO. 6147 OF 2026 Nandkishor S/o Gangadhar Khairnar ... Applicant

Versus

The State of Maharashtra ... Respondent _________________________________________________________________ Mr. Kanisk Waghwase, Advocate for the Applicant (Through VC). Mr. S. R. Agarkar, APP for the Respondent-State. Mr. Amit Munde, SPP, for Respondent No. 1 for CBI ACB (Pune). _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 1st APRIL, 2026.

P.C. :

1.

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

The applicant has been convicted for the offence punishable under Section 420 read with section 120B of the Indian Penal Code (for short "the IPC") and under Section 13(1)(d) read with section 13(2) of Prevention of Corruption Act, 1988 (for short "the PC Act"). The applicant is sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.25,000/-, in default of payment of fine, the applicant is to suffer rigorous imprisonment for six months. The applicant is sentenced to suffer rigorous imprisonment for three years for the offence punishable under Section 13(1)(d) read with Section 13(2) of P.C., Act and to pay fine of Rs. 50,000/- (Rupees Fifty Thousand Only), in default of payment of fine, the applicant is to suffer rigorous imprisonment for one year. Both the

146-ia- 986-2026 (CR).doc Rohit Ghuge sentences to run concurrently.

3.

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

4.

The learned APP for respondent-State strongly objected to allow the application.

5.

I have heard both learned counsel.

6.

The maximum sentence imposed on the applicant is of three years. The trial Court has granted bail to the applicant and suspended his sentence during the appeal period. During the trial, the applicant was on bail. It may take time to dispose of the appeal. 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 the following terms and conditions.

O R D E R

(i) The applicant, be enlarged on bail on furnishing PR bond in the sum of Rs.30,000/- with one or two sureties in the like amount. (ii) The bail bonds to be furnished before Trial Court. Interim Application is disposed of.

8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)