NARAYANDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicant seeks suspension of execution of substantive sentence pending the appeal. The applicant has been convicted by the Additional Sessions Judge and Special Judge (MPID Act) Thane in Special Case MPID Nos. 1 of 2004 and 16 of 2005 for the ofence punishable under sections 420 read with 34 of IPC and sections 3 and 4 of the MPID Act. The applicant and co-accused Nalini Narayandas Thakkar has preferred Criminal Appeal No. 126 of 2020, which has been admitted. The co-accused Nalini Narayandas Thakkar had preferred an application for suspension of sentence, which has been allowed subject to certain conditions vide order dated 11 th March, 2020 by this Court. She is the wife of the applicant. The other co-accused Yadnesh Narayandas Thakkar (son of applicant) and others had also preferred Criminal Appeal No.127 of 2020 before this Court, which has been admitted . The said co-accused had also preferred Criminal Application No.1 of 2020 for suspension of sentence, which has been allowed subject to certain conditions vide order dated 11th March, 2020.

(2.) The co-accused has been directed to be released on bail on furnishing a P.R. bond in the sum of Rs.50,000/- each with two solvent sureties in the like amount to the satisfaction of the Additional Sessions Judge and Special Judge (MPID Act), Thane. It is further directed that the suspension of execution of substantive sentence is subject to deposit of whole fne amount by each of them in the trial Court within six weeks from the date of passing of the said order. The order also stipulates several other conditions.

(3.) The learned advocate appearing for the applicant further pointed out that the co-accused Yadnesh Narayandas Thakkar and others had preferred an application for being released on provisional cash security bond for temporary period as the solvent sureties could not be procured on account of lockdown. It is submitted that the said application was allowed by this Court by order dated 30 th March, 2020 by directing them to furnish provisional cash security.