Bombay High Court
SATISH KRISHNA PUJARIversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- N JAMADAR
Holding
The sentence imposed by the Special Judge is suspended until the final disposal of the appeal.
Summary
Satish Krishna Pujari appealed against his conviction in CBI Special Cases 35/2011 and 36/2012, where he was found guilty of several IPC offences and sentenced to up to three years imprisonment. He sought suspension of the substantive sentence pending final disposal of the appeal, arguing that he had already served about one year as an under‑trial prisoner and that the appeal would take considerable time. The Special Public Prosecutor opposed the suspension, contending that the Special Judge had recorded justified reasons for conviction and sentence. The Court noted that the maximum term was three years and, under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to CrPC Section 389), the appellant had already been released on bail, making a prompt final hearing unlikely. Accordingly, the Court allowed the application, suspending the sentence until the appeal is finally decided and ordering the appellant to be enlarged on bail upon furnishing a bond and surety.
Issues considered
- Whether the substantive sentence imposed on the appellant should be suspended pending final disposal of the appeal
- Whether bail should be granted or continued in view of the pending appeal
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 430
- Code of Criminal Procedure, 1973 — s. 389
- Indian Penal Code, 1860 — s. 120B, 420, 465, 467, 468, 471, 511
Subjects
- suspension of sentence
- bail
- criminal appeal
- CBI case
- IPC offences
- Section 430 BNSS
- Section 389 CrPC
Judgment
15-APEALST10627-2026.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL (ST) NO. 10627 OF 2026
WITH
INTERIM APPLICATION NO. 1722 OF 2026
Satish Krishna Pujari ...Appellant
Versus
State Of Maharashtra And Anr. …Respondents
Mr. Sudeep Pasbola, Senior Advocate, a/w Shahen Pradhan
and Divya Singh, for the Appellant.
Ms. Rashmi Tendulkar, APP for the State – Respondent No.1.
Mr. Amit Munde, a/w Jai Vohra, Special PP, for the CBI –
Respondent No.2.
SANTOSH
SUBHASH
KULKARNI CORAM: N. J. JAMADAR, J.
Digitally signed by
SANTOSH SUBHASH
KULKARNI
DATED: 12th JUNE, 2026
Date: 2026.06.15
10:18:51 +0530
PC:-
Criminal Appeal (St) No.10627/2026
1. Heard the learned Counsel for the appellant.
2. Admit.
3. Call R&P.
4. Issue notice to the respondents, for Bnal disposal,
returnable on 30th July, 2026.
5. The learned APP waives notice for the State – respondent
No.1.
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15-APEALST10627-2026.DOC
6. Mr. Munde, the learned Special PP, waives notice for
respondent No.2.
7. Stand over to 30th July, 2026.
IA/1722/2026
8. This is an application for suspension of sentence imposed
by the learned Special Judge in CBI Special Case No.35/2011
alongwith 36/2012.
9. By the impugned judgment and order, the learned Special
Judge found the applicant and co-accused Nos.1, 4, 5 and 8
guilty of the offences punishable under Sections 120B, 420,
465, 467, 468, 471 and 511 of the Indian Penal Code, 1860 (“the
Penal Code”). The sentences of varying period of imprisonment
have been imposed upon the applicant and co-accused. The
maximum term of the imprisonment imposed by the learned
Special Judge is three years.
10. The learned Senior Advocate for the applicant submitted
that the applicant has undergone a sentence of about one year
as an under-trial prisoner. The hearing and Bnal disposal of the
appeal will take considerable time. The learned Special Judge
has already enlarged the applicant on bail. Hence, the
substantive sentence imposed on the applicant be suspended.
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15-APEALST10627-2026.DOC
11. The learned Special PP for respondent No.2 resisted the
prayer for suspension of sentence and bail. It was submitted
that the learned Special Judge has recorded justiBable reasons
for conviction and sentence.
12. Evidently, the maximum term of imprisonment to which
the applicant has been sentenced is three years. Thus,
exercising the powers under Section 430 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (corresponding to Section 389
of the Code of Criminal Procedure, 1973) the learned Special
Judge has released the applicant on bail. It is extremely unlikely
that this appeal can be taken up for Bnal hearing and disposal
in near future.
13. In these circumstances, the substantive sentence imposed
by the learned Special Judge deserves to be suspended till the
Bnal disposal of the appeal.
14. Hence, the following order:
:ORDER:
(i) The application stands allowed.
(ii) The substantive sentence of imprisonment imposed by
the learned Special Judge in CBI Special Case
No.35/2011 alongwith 36/2012 arising out of CR
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15-APEALST10627-2026.DOC
No.RC03(E)/2010, registered with Central Bureau of
Investigation (through BS&FC, Mumbai) stands
suspended till the Bnal disposal of the appeal.
(iii) The applicant be enlarged on bail on furnishing a PR
Bond in the sum of Rs.25,000/- and a surety in the like
amount to the satisfaction of the learned Special Judge.
(iv) The applicant shall mark his presence at Central Bureau
of Investigation BS&FC, Mumbai, on the Brst Monday of
July and January every year, till the disposal of the
appeal.
The application stands disposed.
[N. J. JAMADAR, J.]
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