Bombay High Court
MINAKSHI RAMESH VEDPATHAKversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
The sentence is suspended pending the final hearing of the appeal and bail is granted to the applicant.
Summary
Minakshi Ramesh Vedpathak, a former headmistress, was convicted under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act for allegedly demanding and accepting a Rs.1,000 bribe, and sentenced to five years’ imprisonment. She filed a criminal application seeking suspension of the sentence and bail pending her appeal, arguing that the demand was not proved, the verification panchanama was silent on the demand, and there were contradictions in the complainant’s testimony. The State contended that the prosecution had proved the charge beyond reasonable doubt, citing consistent evidence and a shadow panchanama. The High Court, noting the applicant’s advanced age (70 years) and the possibility of a prolonged appeal, held that there were sufficient grounds to grant relief. The court ordered the suspension of the sentence until the final disposal of the appeal and granted bail on a personal bond of Rs.15,000 with two sureties, imposing conditions for regular appearance before the trial court.
Issues considered
- Whether the conviction and sentence under the Prevention of Corruption Act should be suspended pending the appeal.
- Whether bail should be granted to the convicted applicant pending the appeal.
- Whether the evidence of demand and acceptance of a bribe is sufficient to sustain the conviction.
Legislation cited
- Prevention of Corruption Act — s. 13(1)(d), 13(2), 7
Subjects
- Prevention of Corruption Act
- bail
- suspension of sentence
- appeal
- public servant corruption
- age
- humanitarian bail
Judgment
2026:BHC-AUG:44131
CrAppln-3932-2026
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3932 OF 2026
IN APPEAL/793/2026
Minakshi Ramesh Vedpathak
Age: 67 years, Occu.: Nil,
R/o.: Vidyanagar East, Beed,
District Beed. ….Applicant
Versus
The State of Maharashtra
(Through Investigating Officer,
Georai Police Station,
District Beed). …..Respondent
…..
Mr. Nilesh S Ghanekar, Advocate for Applicant.
Mr. V. S. Badakh, APP for Respondent.
.....
CORAM : ABHAY S. WAGHWASE, J.
Reserved on : 28 SEPTEMBER, 2026
Pronounced on : 29 SEPTEMBER, 2026
ORDER :
1. Instant application is for suspension of sentence awarded in
Special Case ACB No.15 of 2015 by learned Additional Sessions
Judge, Beed dated 23.09.2026 for offences under Sections 7, 13(1)
(d) read with Section 13(2) of the Prevention of Corruption Act [for
short “P.C. Act”] and equally, prayer is raised for grant of bail also.
CrAppln-3932-2026
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2. Learned Counsel for the applicant pointed out that applicant
has been held guilty for above charges and she is sentenced for five
years imprisonment. That, as on today, she is 70 years of age. That,
there are allegations of demand and acceptance of Rs.1,000/-.
However, according to learned Counsel for the applicant, there is no
convincing evidence on the point of initial demand. The demand
verification panchanama is also silent on the point of demand.
Therefore, the demand itself is doubtful. He pointed out that it is
doubtful whether any work was pending with the accused, as the said
Bill i.e. Form No.52 bears the signatures of both complainant and the
accused. He further pointed out that the said amount was not a bribe
but was towards the expenses incurred for preparing the bill at a
private computer centre. That, apart from that there are vital
admissions and material omissions in the testimony of complainant.
Therefore, there are good grounds, but to be dealt in appeal,
however, as much more time would require to hear the appeal, relief
of suspension of sentence and grant of bail is urged for.
3. Learned APP opposed the application by pointing out that here
case of prosecution has been proved beyond reasonable doubt. That,
there is consistent evidence of complainant and shadow panch on the
point of demand. Shadow panch supports complainant's testimony
CrAppln-3932-2026
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and as recovery is proved, learned trial Court committed no error in
accepting the case of prosecution.
4. Heard perused the papers. It appears that applicant, who was
working as Head Mistress in Zilla Parishad School, faced trial for
charges under Sections 7, 13(1)(d) read with Section 13(2) of the
P. C. Act. Apparently, the trial commenced in the year 2015 and
concluded in the year 2026 i.e. almost after a lapse of more than a
decade. The applicant is currently said to be 70 years of age. Learned
Counsel for the applicant pointed out that apart from material
omissions and contradictions, initial demand itself is not proved, as
demand verification panchanama is silent on this point. If this is so,
the applicant has a good case on merits. However, the appeal, being
of the year 2026, may not be heard in the near future. Therefore, the
relief as prayed deserves to be granted. Hence, I proceed to pass the
following order:
ORDER
I. The Criminal Application is allowed.
II. The substantive sentence imposed on the applicant - Minakshi
Ramesh Vedpathak by the learned Additional Sessions Judge,
Beed in Special Case ACB No.15 of 2015 on 23.09.2026, stands
suspended till the final hearing and disposal of Criminal Appeal
CrAppln-3932-2026
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No.793 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 he tenders bail papers and thereafter,
the trial Judge to fix dates for his subsequent appearances.
VI. In case of two consecutive defaults on the part of the applicant 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 applicant.
VII. Bail before the trial court.
[ABHAY S. WAGHWASE, J.]
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