Bombay High Court
DEVIDAS VASANTRAO SHINDIKARversusCENTRAL BUREAU OF INVESTIGATION THROUGH CBI ACB PUNE AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the interim application, suspending the sentence and granting bail with conditions pending the final disposal of the appeal.
Summary
Devidas Vasantrao Shindikar was convicted by a Special Judge under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 and sentenced to three years and four years of rigorous imprisonment respectively, along with fines. He filed an appeal and an interim application seeking suspension of the sentence and enlargement of bail. The key issue was whether the appellate court should suspend a fixed-term sentence pending the appeal, given the applicant’s conduct while on bail and the court’s heavy docket. The Court observed that, as a matter of law, a sentence of fixed term is ordinarily suspended unless exceptional circumstances exist, and found no abuse of liberty by the applicant. Consequently, the Court allowed the interim application, suspending the sentence until the appeal is finally decided and granting bail subject to a bond and reporting conditions.
Issues considered
- Whether the appellate court should suspend the fixed-term sentence pending the appeal
- Whether bail should be granted/enlarged to the applicant during the pendency of the appeal
Legislation cited
- Prevention of Corruption Act, 1988 — s. 13(1)(d), 13(2), 7
Subjects
- Prevention of Corruption Act
- sentence suspension
- bail
- interim application
- criminal appeal
- fixed-term imprisonment
Judgment
2026:BHC-AS:38143
10 ia 3106 of 2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.766 OF 2026
WITH
INTERIM APPLICATION NO.3106 OF 2026
IN
CRIMINAL APPEAL NO.766 OF 2026
Devidas Vasantrao Shindikar ... Applicant
versus
Central Bureau of Investigation and Anr. … Respondents
Mr. Ayush Pasbola with Mr. Mrunal Bhide, for Applicant.
Mr. Ajay Patil, for CBI.
Mr. Avinash Kamkhedkar, APP for State.
CORAM: N.J.JAMADAR, J.
DATE : 17 SEPTEMBER 2026
P.C.
1. Heard the learned Counsel for the parties.
2. Admit.
3. Call R and P along with the paper book.
4. Issue notice to the Respondents, returnable on 29 October 2026.
5. Mr. Patil, learned Counsel waives service on behalf of Respondent
No.1 and Mr. Kamkhedkar, learned APP waives service on behalf of
Respondent No.2.
IA No.3106 of 2026
6. This is an application for suspension of sentence and to enlarge the
Applicant on bail during the pendency of the appeal. By a judgment and order
SSP 1/4
10 ia 3106 of 2026.doc
dated 31 August 2026, the learned Special Judge has convicted the Applicant
for the offences punishable under Sections 7 and 13(1)(d) read with 13(2) of
the Prevention of Corruption Act, 1988 and the Applicant has been sentenced
to suffer rigorous imprisonment for a term of three years for the offence
punishable under Section 7 of the Act, 1988 and rigorous imprisonment for a
term of four years for the offence punishable under Section 13(1)(d) and fine
of varying amounts, with default stipulation.
7. Learned Counsel for the Applicant submitted that the Applicant has a
fair chance of success in the appeal. The Applicant was on bail during the
pendency of the trial. There are apparent infirmities in the impugned
judgment.
8. Learned Special PP resisted the submissions on behalf of the
Applicant. It was urged that the learned Special Judge has correctly analyzed
the evidence and returned a finding of guilt, and, therefore, the sentence does
not deserve to be suspended.
9. The Applicant has been sentenced to suffer a fixed term of
imprisonment. It is trite law that, if a convict is sentenced to suffer a fixed
term of sentence, ordinarily the appellate Court shall exercise the discretion to
suspend the sentence, unless exceptional circumstances are made out.
Having regard to the large pendency of the cases before this Court, it is
extremely unlikely that this Appeal can be taken up for hearing and final
SSP 2/4
10 ia 3106 of 2026.doc
disposal in the near future. It does not appear that the Applicant has abused
the liberty while he was on bail during the pendency of the trial.
10. In these circumstances, this Court considers it expedient to suspend
the sentence and enlarge the Applicant on bail.
11. Hence, the following order :
ORDER
(i) Interim Application stands allowed.
(ii) The substantive sentence imposed by the learned Special Judge,
Pune, in Special Case No.1751 of 2025 arising out of CR No.RC
BA1/2014/A0012 registered with CBI, ACP stands suspended till the final
disposal of the appeal.
(iii) The applicant be enlarged on bail on furnishing a PR Bond in the
sum of Rs.25,000/- with one or two sureties in the like amount, to the
satisfaction of the learned Special Judge.
(iv) The applicant shall attend the proceedings in this appeal, as and
when directed.
(v) The Applicant shall not contact the first informant and witnesses,
for any reason whatsoever or give threat or inducement to them.
(vi) The Applicant shall report to CBI, ACB, on the first Monday of
October and April, every year, between 11.00 a.m. and 1.00 p.m., till the final
disposal of the Appeal.
SSP 3/4
10 ia 3106 of 2026.doc
(vii) On being released on bail, the Applicant shall furnish his cell
phone number and residential address to the IO and shall keep the same
updated, in case of any change therein.
The Interim application stands disposed.
( N.J.JAMADAR, J. )
SSP 4/4
Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 18/09/2026 19:15:16
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