Bombay High Court
SANTOSH DASHRATH PANDEversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
- Bench
- ABHAY S WAGHWASE
Holding
The court held that the conviction and sentence may be suspended and bail granted pending the final hearing of the appeal.
Summary
Santosh Dashrath Pande, a Gramsevak, was convicted by a Special (ACB) Court for demanding a bribe of Rs.1,500 under sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act. He appealed the conviction (Criminal Appeal No.191 of 2026) and applied for suspension of the two‑year sentence and bail pending the appeal. The State opposed, arguing that the conviction was based on convincing evidence. The Court noted that the appeal was recent, the fine had been paid, and the applicant had been on bail during trial. Accordingly, the Court allowed the application, suspended the sentence until the appeal is finally decided, and released the applicant on a personal bond with sureties. The order also imposed conditions of regular appearance before the trial court and a prohibition on committing any criminal activity.
Issues considered
- Whether a convicted person may be released on bail pending the hearing of an appeal
- Whether the sentence imposed can be suspended pending the final disposal of the appeal
- Whether the conditions imposed for bail are appropriate under the law
Legislation cited
- Prevention of Corruption Act — s. 13(1)(d), 13(2), 7
Subjects
- bail
- suspension of sentence
- appeal pending
- Prevention of Corruption Act
- corruption
- criminal procedure
- special court
Judgment
2026:BHC-AUG:11686
APPLN-1027-2026
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1027 OF 2026
IN
CRIMINAL APPEAL NO. 191 OF 2026
Santosh Dashrath Pande,
Age : 43 years, Occu. : Gramsevak,
R/o. Dargah Parsawat Nagar, Parbhani. … Applicant
[Orig. Accused]
Versus
The State of Maharashtra,
Through Dy. S.P. Anti – Corruption Bureau,
Parbhani. … Respondent.
…..
Mr. Joydeep Chatterji, Advocate for Applicant.
Mrs. Saie S. Joshi, APP for Respondent – State.
…..
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 17 MARCH 2026
PRONOUNCED ON : 18 MARCH 2026
ORDER :
1. Instant application is for suspension of sentence awarded
by learned Additional Sessions Judge-1/Special Judge, Parbhani in
Special (ACB) Case No.15 of 2014 dated 02.03.2026 as well as for
grant of bail.
2. Learned counsel for applicant submitted that, present
applicant was working as Gramsevak. He came to be tried vide above
special case on accusation of demanding bribe for taking entry on the
record. That, trial ended up in conviction. That, applicant has a good
case on merits in appeal, and therefore he has preferred an appeal,
APPLN-1027-2026
-2-
which is already numbered as Criminal Appeal No.191 of 2026.
However, according to him, appeal being recent one, hearing of the
appeal would take after long time. That, during trial applicant was on
bail. That, sentence awarded is of two years. Fine amount is already
paid, and hence, he urged for suspension of sentence and grant of bail
during pendency of the appeal.
3. Learned APP opposed on the ground that on full-fledge
trial and on finding convincing and legally acceptable evidence,
conviction has been recorded.
4. Heard. Perused the papers. It seems that, present
applicant, who was a Gramsevak, was tried by the Special Court on
the premise that, on committing an offence punishable under sections
7, 13(1)(d) read with section 13(2) of the Prevention of Corruption
Act, the primarily allegation was that he demanded bribe of
Rs.1,500/- for carrying out mutation entry on the record. After being
apprehended, he was charge sheeted vide Special (ACB) Case No. 15
of 2014, which seems to have ended up in conviction by judgment and
order dated 02.03.2026. Aggrieved by the same, an appeal has been
preferred before this Court. Apparently and admittedly, appeal being
of recent one, there are no immediate prospect of hearing the appeal.
Statement is made across the bar that during trial applicant was on
bail. Fine amount is also said to be deposited. For all above reasons,
APPLN-1027-2026
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relief as prayed, deserves to be granted. Hence, the following order is
passed :
ORDER
I. Criminal Application stands allowed.
II. The substantive sentence imposed on the applicant - Santosh
Dashrath Pande in Special (ACB) Case No.15 of 2014 by learned
Additional Sessions Judge-1/Special Judge, Parbhani on 02.03.2026
stands suspended till the final hearing and disposal of Criminal
Appeal No.191 of 2026.
III. The applicant be released on P.R. Bond of Rs.15,000/- (Rupees
Fifteen Thousand Only) with two solvent sureties in the like amount.
IV. The applicant shall not commit any criminal activity.
V. The applicant shall remain present before the learned trial
Judge once in six months, till final hearing and disposal of the appeal,
commencing from the date they tender bail papers and thereafter, the
trial Judge to fix dates for their subsequent appearances.
VI. In case of two consecutive defaults on the part of the applicants
to remain present before the trial court, the trial court to inform this
court about the same and in that eventuality, the prosecution would
be at liberty to file an application for cancellation of bail granted to the
applicants.
VII. Bail before the trial court.
(ABHAY S. WAGHWASE, J.)
Tandale
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