Bombay High Court
RAMCHANDRA RAJARAM AADKEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the interim application, suspended the sentence until the appeal is decided, and granted bail to the applicant.
Summary
Ramchandra Rajaram Aadke was convicted by an Additional Sessions Judge in a Special ACB case for offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, and sentenced to four years' rigorous imprisonment and a fine of Rs.5,000. He filed an interim application seeking suspension of the sentence and enlargement of bail pending his appeal. The applicant, aged 61, argued that he was on bail during trial and had a reasonable chance of success on appeal. The State opposed the relief, contending that the Special Judge had properly found him guilty. Considering the fixed term sentence, the applicant's age, and the long pendency of appeals, the Court exercised its discretion in favour of the applicant, allowing the interim application, suspending the sentence until final disposal of the appeal, and granting bail on a bond and surety of Rs.25,000 each, with conditions to appear before the police and attend proceedings.
Issues considered
- Whether the sentence imposed under the Prevention of Corruption Act should be suspended pending the final disposal of the appeal.
- Whether the applicant is entitled to be enlarged on bail pending the appeal.
Legislation cited
- Prevention of Corruption Act, 1988 — s. 13(1)(d), 13(2), 7
Subjects
- suspension of sentence
- bail
- Prevention of Corruption Act
- appeal
- interim application
- criminal procedure
Judgment
20-IA-3328-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3328 OF 2026
IN
APPEAL (ST) NO. 19001 OF 2026
Ramchandra Rajaram Aadke ..Applicant
Versus
The State of Maharashtra …Respondent
Mr. Akshay Bankapur, for the Applicant/Appellant.
Smt. R S Tendulkar, APP for Respondent – State.
P I – Suresh Waman Chavan, ACB, Nashik.
CORAM : N. J. JAMADAR, J.
DATE : 01st OCTOBER 2026
P.C.:
SAINATH
SANJAY
APPEAL (ST)/19001/2026
BODKHE
Digitally signed by
SAINATH SANJAY
1. Heard.
BODKHE
Date: 2026.10.03
12:24:13 +0530
2. Admit.
3. Call R & P.
IA/3328/2026
4. This is an application for suspension of sentence and to
enlarge the applicant on bail.
5. By the judgment and order dated 11 th September, 2026
passed by the learned Additional Sessions Judge in Special
SAINATH, PA 1/3
20-IA-3328-2026.DOC
(ACB) Case No.08/2014, the applicant has been convicted for
the offences punishable under Sections 7 and 13(1)(d) r/w
Section 13(2) of the Prevention of Corruption Act, 1988 and for
the later offence, the applicant has been sentenced to suffer
rigorous imprisonment for four years and pay a fine of Rs.5,000,
with default stipulation.
6. Mr. Bankapur, the learned Counsel for the applicant,
submits that, the applicant was on bail during the pendency of
the trial. The applicant is 61 years of age. The applicant has a
fair chance of success in the appeal.
7. Smt. Tendulkar, the learned APP, resisted the prayer for
suspension of sentence. It was submitted that, the learned
Special Judge has properly analyzed the evidence and returned
the finding of guilt against the applicant.
8. As the applicant has been sentenced to suffer a fixed term
sentence and having regard to the large pendency of the
appeals, it is extremely unlikely that, this appeal can be taken
up for hearing and final disposal in the near future, this Court
is inclined to exercise the discretion in favour of the applicant.
SAINATH, PA 2/3
20-IA-3328-2026.DOC
9. Hence, the following order :-
::ORDER::
(i) The Interim Application stands allowed.
(ii) The substantive sentence imposed by the
learned Additional Sessions Judge, Nashik, in
Special ACB Case No. 08/2015, arising out of
CR No. I-08/2014, registered with Nashik
Taluka Police Station, Nashik stands suspended
till the final disposal of the appeal.
(iii) The Applicant – Ramchandra Rajaram
Aadke, 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
Nashik Taluka Police Station on the first
Monday of November and May every year, till
the disposal of the appeal.
(v) The Applicant shall attend the proceedings
in this appeal, as and when directed.
[N. J. JAMADAR, J.]
SAINATH, PA 3/3
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