Bombay High Court

BHARAT GOPAL HOLKARversusTHE STATE OF MAHARASHTRA

Disposal: Allowed

Holding

The Court allowed the interim application, suspending the sentence and granting bail subject to a personal bond.

Summary

The Special Judge (PC Act) in Karad convicted Bharat Gopal Holkar under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988, imposing a one‑year rigorous imprisonment with a Rs.5,000 fine and a concurrent two‑year rigorous imprisonment for the same offence. The conviction was appealed in Criminal Appeal No. 880 of 2025. The appellant filed an interim application seeking suspension of the sentence and release on bail pending the appeal, contending that he had been on bail since July 2014, complied with bail conditions, and had paid the fine. The State argued that the maximum sentence was only two years and that the appellant had already been granted interim relief. The Court observed that the appellant had a fair chance of success on the merits and had complied with bail conditions, and therefore allowed the interim application. It ordered the suspension of the sentence pending the appeal and granted bail upon furnishing a Rs.50,000 personal bond with sureties. The application was consequently allowed and disposed of.

Issues considered

Whether the sentence imposed in the conviction should be suspended pending the hearing of the criminal appeal
Whether the appellant should be released on bail pending the disposal of the appeal

Legislation cited

Prevention of Corruption Act, 1988 — s. 13(1)(d), 13(2), 7

Subjects

bail
suspension of sentence
criminal appeal
Prevention of Corruption Act
interim application
conviction
concurrent sentences

Judgment

925-IA-3148-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3148 OF 2025
IN
CRIMINAL APPEAL NO. 880 OF 2025
Bharat Gopal Holkar ...Applicant
Versus.
The State of Maharashtra ...Respondent
-----
Mr. Yash Fadtare (through VC) a/w Sairaj Suryavanshi, Vaibhav Halake
i/b Satyavrat Joshi, Advocate for the Applicant.
Mr. S. S. Chaudhari, APP for the Respondent – State.
PI Gawade, ACB Satara is present.
-------

CORAM : ASHWIN D. BHOBE, J.
DATE : 2nd September, 2026.
P.C. :

1. Heard Mr. Yash Fadtare, learned Advocate for the Applicant and

Mr. S. S. Chaudhari, learned APP for the Respondent – State.

2. Under the Judgment and Order dated 05.08.2025, passed in

Special Case No. 15 of 2014, the Special Judge [PC Act], Karad

(“Special Court”), has convicted the Applicant for offences punishable

under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of

Corruption Act, 1988 and has sentenced the Applicant to rigorous

imprisonment for 1 year with a fine of Rs. 5,000/-. The Applicant is

further sentenced to rigorous imprisonment for two years for offences

punishable under Section 13(1)(d) read with 13(2) of the Prevention of
Arjun 1
925-IA-3148-2025.doc

Corruption Act, 1988. The sentences imposed on both counts are

ordered to run concurrently.

3. Criminal Appeal No. 880 of 2025, filed by the Applicant against

the Judgment and Order dated 05.08.2025 passed in Special Case No.

15 of 2014, is admitted today.

4. By this Application, the Applicant has sought the following

substantive relief in terms of prayer clauses (b) and (c):-

(b) Be pleased to suspend the sentence of
imprisonment imposed on the Applicant vide
judgment dated 05.08.2025 in Special Case No.
15/2014 passed by the Ld. Special Judge (P.C
Act), Karad, during the pendency of the
accompanying Criminal Appeal;
(c) Be pleased to release the Applicant on bail
pending the hearing and final disposal of the
Criminal Appeal;

5. Mr. Yash Fadtare, learned Advocate for the Applicant, submits

that the Applicant was in custody on 20.07.2014 and was released on

bail on 21.07.2014. He submits that during the pendency of Special

Case No. 15 of 2014, the Applicant was on bail and has abided by the

conditions of the bail. He submits that the Applicant regularly appeared

in Special Case No. 15 of 2014 during the trial. He submits that upon

the conviction and sentence imposed on the Applicant on 05.08.2025,
Arjun 2
925-IA-3148-2025.doc

the Special Court suspended the sentence during the appeal period. He

submits that on 04.09.2025, this Court continued the order of

05.08.2025. He submits that the Applicant has a good case on merits

and as such requests the reliefs in terms of prayer clause (b) and (c).

6. Mr. S. S. Chaudhari, learned APP for the Respondent – State,

submits that as the maximum sentence imposed on the Applicant is two

years and that the Applicant has been granted ad-interim relief by this

Court on 04.09.2025, he leaves the matter to the Court.

7. Perusal of the impugned Judgment and Order dated 05.08.2025,

passed in Special Case No. 15 of 2014 in the context of the grounds

raised in the memo of the Appeal, prima facie indicates that the

Applicant has a fair chance of succeeding on the merits. As the sentence

of imprisonment is two years and the Applicant has abided by the bail

conditions imposed upon him during the trial, I am inclined to allow

this Application.

8. Mr. Yash Fadtare, learned Advocate for the Applicant, states that

the fine of Rs. 15,000/- imposed vide Judgment and Order dated

05.08.2025, passed in Special Case No. 15 of 2014 has been deposited

in the Special Court.

Arjun 3
925-IA-3148-2025.doc

9. In view of the above, this Application is allowed on the following

conditions :-

(a) The sentence imposed by the impugned

Judgment and Order dated 05.08.2025, in Special

Case No. 15 of 2014 is suspended pending the hearing

and disposal of Criminal Appeal No. 880 of 2025.

(b) The Applicant is released on bail in connection

with the subject matter of Special Case No. 15 of

2014, upon furnishing a P.R. Bond in the sum of Rs.

50,000/- (Rupees Fifty Thousand Only), with one or

two sureties, in the like amount, to the satisfaction of

the Special Judge [PC Act], Karad.

and when Criminal Appeal No. 880 of 2025 is listed

on the Cause List of this Court.

10. Interim Application No. 3148 of 2025 is allowed and disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA Arjun 4
KRISHNA RODGE
RODGE Date:
2026.09.04
15:01:56
+0530

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