High Court of Judicature at Bombay, Aurangabad Bench (Abhay S. Waghwase, J.; reserved 29.01.2025, pronounced 03.02.2025): Allowed six criminal applications (Cri.Applns 271 and 218 of 2025, 260 of 2025, and 3160, 4894 and 4957 of 2024) in pending criminal appeals by convicts from Sessions (MPID) Case No. 323 of 2011, tried for offences punishable under Sections 177, 406, 409 r/w 34, 420 r/w 34, 465, 467 r/w 471 r/w 34 and 120-B IPC and Section 3 of the MPID Act, convicted on 10.04.2024 by the Additional Sessions Judge, Ahmednagar and sentenced to rigorous imprisonment of five years and ten years respectively. Except Cri.Applns 3160 and 4894 of 2024, the applications were successive, earlier identical prayers having been rejected by common order dated 10.05.2024. Relief was sought on parity: co-accused Anup s/o Pravin Parekh, whose application had met the same fate, succeeded in Criminal Appeal No. 4520 of 2024 before the Hon'ble Apex Court by order dated 08.11.2024 (five-year sentence, seven months undergone, Rs.9,10,000/- deposited), and counsel also cited Division Bench orders of this Court dated 22.10.2024 extending suspension of sentence and bail even to life-convicts. The APP opposed on the ground of successive attempts and absence of change in circumstances, while conceding that similarly placed accused had benefited before the Apex Court and voicing concern over recovery of investors' amounts. Holding that more than nine months had elapsed and a similarly placed co-accused having become a beneficiary of the Apex Court order, the applicants deserved similar treatment, the Court allowed the applications, suspended the substantive sentences till final hearing and disposal of the respective appeals, and directed release on P.R. Bond of Rs. 50,000/- each with one solvent surety in the like amount, imposing conditions: no criminal activity; presence before the trial Judge once in six months commencing from tender of bail papers; on two consecutive defaults the trial court to inform this Court and the prosecution to be at liberty to seek cancellation of bail; bail before the trial court.
