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Bombay High Court

VIVEK MADHUKAR DEKATE AND ANRversusTHE CENTRAL BUREAU OF INVESTIGATION AND ANR

Decided
Disposal
Disposed Off

Holding

The Court suspended the sentences and granted bail to the applicants pending the final disposal of the appeal.

Summary

Vivek Madhukar Dekate, a public servant, and his wife were convicted by a Special Judge in Pune for offences under the Prevention of Corruption Act, 1988 and Section 109 of the IPC, receiving four‑year and three‑year rigorous imprisonment respectively along with fines. Both were on bail during trial, and the wife had been released on bail under CrPC 389(3). They filed an interim application seeking suspension of their sentences and enlargement of bail pending the appeal. The CBI opposed, arguing the evidence was overwhelming and the sentences should be served. The Bombay High Court, noting the relatively short terms and the large case backlog, exercised its discretion to suspend the sentences until the appeal is decided and ordered that the applicants be enlarged on bail upon furnishing a PR bond and surety. The court also directed periodic reporting to the CBI‑ACB.

Issues considered

  • Whether the sentences imposed on the applicants should be suspended pending the final disposal of the appeal
  • Whether the applicants should be enlarged on bail during the pendency of the appeal

Legislation cited

Subjects

  • suspension of sentence
  • bail
  • appeal
  • Prevention of Corruption Act
  • public servant
  • interim application
  • Criminal Procedure

Judgment

                                                                          9-IA-3071-2026.DOC

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO. 3071 OF 2026
                                                     IN
                                           APPEAL NO. 754 OF 2026


                      Vivek Madhukar Dekate & anr.                        ..Applicants

                              Versus

                      The Central Bureau of Investigation & anr.       …Respondents


                      Mr. Om Latpate, a/w Mr. Jitendra Sawant, for the Appellants/
                           Applicants.

                      Mr. Amit Munde, Spl. PP, a/w Mr. Jai Vohra, Mr. Parth Tari,
                           Mr. Shantanu Nakashe, for Respondent No. 1 – CBI.

                      Mr. D J Haldankar, APP for Respondent No.2 – State.


                                                CORAM :       N. J. JAMADAR, J.
                                                DATE     : 01st OCTOBER 2026

SAINATH
SANJAY
BODKHE
                      P.C.:
Digitally signed by
SAINATH SANJAY
BODKHE
Date: 2026.10.03


                                                APPEAL/754/2026
12:24:12 +0530




                      1.      Heard.

                      2.      Admit.

                      3.      Call R & P.

                                                   IA/3071/2026

                      4.      This is an application for suspension of sentence and to

                      enlarge the applicants on bail.



                      SAINATH, PA                       1/4
                                                     9-IA-3071-2026.DOC

5.      By the judgment and order dated 24th August, 2026,

passed by the learned Special Judge, CBI-ACB, Pune in Special

Case No. 19/2021, the Applicant No.1 (A-1), who is a public

servant, and Applicant No.2 (A-2), who is the wife of the

Applicant No.1, have been convicted for the offences punishable

under Section 13(2) r/w Section 13(1)(e) of the Prevention of

Corruption Act, 1988 and Section 109 of the Indian Penal Code,

1860, r/w Section 13(1)(e) of the Prevention of Corruption Act,

1988, respectively. The Applicant No.1 has been sentenced to

suffer rigorous imprisonment for four years and pay fine of

Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand) and

Applicant     No.2   has   been   sentenced   to   suffer   rigorous

imprisonment for three years and pay fine of Rs.5,000/-, with

default stipulation.

6.      Mr. Latpate, the learned Counsel for the applicants,

submitted that, the applicants were on bail during the pendency

of the trial. The learned Special Judge has released the

Applicant No.2 (A-2) on bail under the provisions of Section

389(3) of the Code of Criminal Procedure, 1973. The applicants

have a fair chance of success in the appeal and, therefore, the

sentence be suspended and the applicants be enlarged on bail

during the pendency of the appeal.


SAINATH, PA                        2/4
                                                         9-IA-3071-2026.DOC

7.      In opposition to this, Mr. Munde, the learned Special

Public Prosecutor for Respondent No.1 – CBI, strongly opposed

the prayer for suspension of sentence. It was submitted that,

the learned Special Judge has correctly appreciated the

evidence and on the basis of overwhelming evidence including

the recovery of sum of Rs.20,00,000/- (Rupees Twenty Lakhs)

from the possession of the applicants, rendered the finding of

guilt. Therefore, instead of suspending the sentence, the hearing

of the appeal be expedited.

8.      Evidently, the applicants have been sentenced to suffer a

fixed term sentence. The sentence of 3 and 4 years rigorous

imprisonment can be said to be relatively short. Having regard

to the large pendency of the cases in this Court, it may not be

possible to hear and decide the appeal finally, within a

reasonable period.

9.      Therefore, this Court is inclined to exercise the discretion

and suspend the sentence during the pendency of the appeal.

10.     Hence, the following order :-

                               ::ORDER::

        (i)     The Interim Application stands allowed.

         (ii)   The   substantive   sentence   imposed     by   the

         learned Special Judge CBI-ACB, Pune, in Special


SAINATH, PA                           3/4
                                                          9-IA-3071-2026.DOC

         Case      No.   19/2021,   arising    out   of   CR     No.

         RC/PUNE/2019/A/0003, registered with CBI-ACB,

         Pune, stands suspended till the final disposal of the

         appeal.

         (iii)   The Applicants – Vivek Madhukar Dekate (A1)

         and Lalita w/o Vivek Dekate (A2), be enlarged on bail

         on furnishing a PR Bond in the sum of Rs.25,000/-,

         each and a surety in the like amount, to the

         satisfaction of the learned Special Judge.

         (iv) The Applicants shall mark their presence at CBI-

         ACB on the first Monday of November and May every

         year, till the disposal of the appeal.

         (v)     The Applicants shall attend the proceedings in

         this appeal, as and when directed.



                                              [N. J. JAMADAR, J.]




SAINATH, PA                            4/4


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