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Sandeep Shivaji Nagare v. State of Maharashtra

Bombay HC3 Apr 2025IA/1275/2025

Case brief

AI extract

What is this about?

Sandeep Shivaji Nagare v. State of Maharashtra; suspension of sentence; bail pending appeal; short term sentence; Prevention of Corruption Act 1988 - Sections 8, 10, 12, 13(1)(d), 13(2); Cr. P.C. Section 235(2); ACB Special Case No. 87 of 2014; P.R. Bond Rs. 25,000/-; Bombay High Court; Shivkumar Dige, J.; order dated 03-04-2025; interim application disposed of.

What did the court decide?

Substantive sentence imposed in ACB Special Case No. 87 of 2014 suspended till disposal of the appeal; applicant enlarged on bail on a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount; bail bond to be furnished before the Trial Court. ¶8

Sandeep Shivaji Nagare vs State of Maharashtra — Corruption | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the substantive sentence imposed on the applicant should be suspended and the applicant enlarged on bail pending disposal of Criminal Appeal No. 283 of 2025.

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Court's answer

The sentence imposed on the applicant is a short term sentence.

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Ratio / Principle

The Trial Court had granted bail to the applicant and suspended his sentence till filing of the appeal; the applicant was on bail during the trial; and disposal of the appeal may take time.

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Key takeaways

The substantive sentence imposed on the applicant in ACB Special Case No. 87 of 2014 is suspended till disposal of the appeal.ratio¶Order (i)
The applicant is to be enlarged on bail on furnishing a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount.ratio¶Order (ii)
The bail bond is to be furnished before the Trial Court.ratio

Detailed headnote1 paragraphs

Bombay High Court (Shivkumar Dige, J.), order dated 3 April 2025 on Interim Application No. 1275 of 2025 in Criminal Appeal No. 283 of 2025: Sandeep Shivaji Nagare, convicted by the Special Court in ACB Special Case No. 87 of 2014 for offences punishable under Sections 8, 10, 12 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988, and sentenced to rigorous imprisonment of 3 years and a fine of Rs. 50,000/- (default: further rigorous imprisonment of one year) on each count, applied for suspension of sentence and bail. Holding the sentence to be short term, noting that the Trial Court had granted bail and suspended sentence till filing of the appeal, that the applicant was on bail during the trial, and that disposal of the appeal may take time, the Court suspended the substantive sentence till disposal of the appeal and enlarged the applicant on bail on a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount, the bond to be furnished before the Trial Court. Interim application disposed of.

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61-APEAL-283-2025 (CR).doc

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S.S.Kilaje

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 1275 OF 2025 IN

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CRIMINAL APPEAL NO. 283 OF 2025

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Sandeep Shivaji Nagare … Applicant

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Versus

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State of Maharashtra ... Respondent

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Mr. Sarthak P. Shetty i/b. Mr. Veerdhawal Deshmukh, Advocate for the Applicant.

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Ms. Poonam Bhosale, APP for the State.

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CORAM : SHIVKUMAR DIGE, J. DATED : 3^rd APRIL, 2025.

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P. C. :

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This is an application for suspension of sentence and bail.

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Heard learned counsel for the applicant and learned APP for the

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State.

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The applicant has been convicted by the learned Special Court for the offence punishable under Section 235(2) of Cr. P.C. for the offence punishable under Sections 8, 10, 12, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short “P. C.Act”) and sentenced to suffer rigorous imprisonment for a period of 3 years and to pay a fine of Rs.50,000/- and in default of payment of fine to suffer further rigorous

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61-APEAL-283-2025 (CR).doc

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S.S.Kilaje

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imprisonment for one year for offence under Section 8 of the P.C. Act. The applicant is sentenced to suffer rigorous imprisonment for 3 years and to pay fine of Rs.50,000/-. In default of payment of fine to suffer rigorous imprisonment of one year for offence under Section 10 of the P. C. Act. The Applicant is sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.50,000/-. In default of payment of fine, he shall suffer further rigorous imprisonment of one year for offence under Section 12 of the P.C. Act. The applicant is sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.50,000/-. In default of payment of fine, he shall suffer further rigorous imprisonment of one year for offence under Section 13(1)(d) read with Section 13(2) of the P.C. Act.

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It is contention of learned counsel for the applicant that the Trial Court has granted bail and suspended sentence of the applicant till filing appeal. During the trial the applicant was on bail, hence requested to allow the application.

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Learned APP strongly objected to allow the application.

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I have heard both the learned counsel. The sentence imposed on the

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applicant is short term sentence. The Trial Court has granted bail to the applicant and suspended his sentence till filing the appeal. During the trial the applicant was on bail. It may take time to dispose of the appeal.

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