Bombay High Court
LEENA B KADLAG @ LEENA WAGHMARE D/O LATE BABURAO KADLAG AND ANRversusCENTRAL BUREAU OF INVESTIGATION AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- N JAMADAR
Holding
The Court held that, given the short term of imprisonment and the appellants' low flight risk, the sentence should be suspended until the appeal is finally disposed.
Summary
The appellants, Leena B. Kadlag and Siddharth Arvind Waghmare, appealed against their conviction under Sections 120B and 420 of the Indian Penal Code and a one‑year simple imprisonment with a fine. They filed an interim application seeking suspension of the sentence pending the disposal of the appeal. The Special Public Prosecutor opposed the suspension, but the Court noted the short term of imprisonment, the appellants' roots in society, and the low risk of flight. Considering these factors, the Court allowed the application and ordered the sentence to be suspended until the appeal is decided. The appellants were also ordered to be released on bail upon furnishing a personal bond and surety of Rs.15,000 each, subject to regular attendance in the appeal proceedings.
Issues considered
- Whether the sentence imposed on the appellants should be suspended pending the disposal of the appeal
- Whether the appellants pose a flight risk or threat to the administration of justice
- Whether bail conditions are appropriate in view of the short sentence and the nature of the offences
Legislation cited
- Code of Criminal Procedure, 1973 — s. 389(3)
- Indian Penal Code, 1860 — s. 120B, 420
Subjects
- suspension of sentence
- interim application
- appeal pending
- bail
- Section 120B IPC
- Section 420 IPC
- Section 389(3) CrPC
- criminal appellate jurisdiction
Judgment
23-APEAL-383-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
APPEAL NO. 383 OF 2026
Leena B Kadlag Alias Leena Waghmare D/o Late ..Appellants
Baburao Kadlag and Anr
Versus
Central Bureau of Investigation and Anr …Respondents
WITH
INTERIM APPLICATION NO. 2024 OF 2026
IN
APPEAL NO. 383 OF 2026
WITH
INTERIM APPLICATION NO. 1499 OF 2026
IN
APPEAL NO. 383 OF 2026
ARUN
Ms. Asmeeta Bhoirr, for the Appellants.
RAMCHANDRA
SANKPAL Mr. Sunil Gonsalves, Special PP, with Abhijeet Sarnobat and Shruti
Digitally signed by
ARUN RAMCHANDRA
SANKPAL
Date: 2026.06.29
Golipkar, for Respondent No.1-CBI.
11:23:04 +0530
Mr. Dinesh J Haldankar, APP, for Respondent No.2-State.
CORAM: N. J. JAMADAR, J.
DATE : 25th JUNE 2026
P.C.:
APPEAL NO. 383 OF 2026 :
1. Heard the learned Counsel for the Appellants.
2. Admit.
ARS 1/3
23-APEAL-383-2026.DOC
3. Issue notice to the Respondents returnable on 6th August 2026.
4. Mr. Sunil Gonsalves, the learned Special PP, waives service of
notice for Respondent No.1.
5. Mr. Dinesh Haldankar, the learned PP, waives service of notice for
Respondent No.2.
6. Call R & P.
7. Stand over to 6th August 2026.
INTERIM APPLICATION NO. 2024 OF 2026 IN APPEAL NO. 383 OF
2026 :
8. This is an Application for suspension of sentence imposed by the
learned Special Judge (CBI), by a judgment and order dated 10 th March
2026 in CBI Special Case No. 24 of 2009, whereby the Applicants have
been convicted for the offence punishable under Sections 120B read
with Section 420 of the Indian Penal Code, 1860 (“the Penal Code”),
and sentenced to suffer Simple Imprisonment for a period of one year
and pay fine of Rs.5,000/- on each count.
9. Mr. Sunil Gonsalves, the learned Special PP, opposed the prayer
for suspension of sentence.
10. The Applicants were on bail during the pendency of trial. The
Applicants have been released on bail by the learned Special Judge
under the provision of Section 389(3) of the Code of Criminal Code,
ARS 2/3
23-APEAL-383-2026.DOC
(“the Penal Code”). The Applicants appear to have roots in the society
and the possibility of fleeing away from justice appears remote.
11. Having regard to the short period of sentence and the
unlikelihood of the Appeal being taken for hearing and final disposal,
within a reasonable period, this Court considers it expedient to suspend
the sentence.
12. Hence, the following order:
:ORDER:
(i) The Application stands allowed.
(ii) The substantive sentence qua each of the Respondents, Leena B.
Kadlag Alias Leena Waghmare and Siddharth Arvind Waghmare in CBI
Special Case No. 24 of 2009 arising out of CR No.
RC/BA1/2006/A0010-MUM 2006, stands suspended till the disposal of
the Appeal.
(iii) The Applicants are enlarged on bail on furnishing of PR Bond in
the sum of Rs.15,000/- each and a surety in the like amount, to the
satisfaction of the Special Judge.
(iv) The Applicants shall regularly attend the proceedings in this
Appeal.
The Application stands disposed.
[N. J. JAMADAR, J.]
ARS 3/3
Checking your session…