1 901.revn.759.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.759 OF 2026 Smt. Pushpa Wd/o Sunil Morghade .Vs. State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Khushi R. Kadu, Advocate for appellant. Mr. K.R. Lule, A.P.P. for respondent/State. CORAM : MEHROZ K. PATHAN, J. DATE : 29/09/2026 1. This is an application filed for suspension of the substantive sentence imposed upon the applicant in Special Case No.297 of 2023, vide judgment and order dated 01.09.2026 passed by the learned Additional Sessions Judge, Nagpur. 2. Ms. Kadu learned counsel for the applicant submits that the applicant is having good case on merits. There is no evidence to show that the applicant had an intention to cheat the investors. The applicant was only working in the company as one of the promoters. There are no allegations that the applicant has induced the other investors to invest in the company. The applicant has only introduced the investors to the main accused Dr. Sumedh Ghorghate. The applicant is not a beneficiary of the schemes floated by the company ASIT Solution Pvt. Ltd. The account held by the applicant, did not show any money transferred in favour of the applicant. The main accused is absconding. The applicant was on bail during trial and there 2026:BHC-NAG:13047 2 901.revn.759.2026.odt is no allegation that the applicant has violated any of the conditions while releasing the applicant on bail. The applicant is further ready to abide by any conditions that may be imposed by this Court. The learned Sessions Judge, while convicting the applicant, has released him on bail vide order dated 01.09.2026. The said sentence is suspended till the appeal period is over. Therefore, the applicant may be released on bail. The applicant has raised good grounds in the appeal. The appeal will take its own time for final disposal. Hence, the application may be allowed. 3. As against this, Mr. Lule, learned A.P.P. strongly opposes the bail application on the ground that the applicant is found to be involved in the serious offence of cheating the gullible investors who have invested their hard earned money due to the schemes floated by the company with the assistance of the present applicant who was also working as one of the marketing directors of the company. The applicant, if released on bail, may tamper with the evidence and also flee away from the ends of justice as the other accused No.2/Dr. Sumedh is absconding till date. If the applicant released, may assist the absconding accused in evading the course of justice. The application is therefore devoid of substance and is liable to be rejected. 4. I have gone through the judgment and order dated 01.09.2026 convicting the applicant. I have also gone through the order of suspension of sentence dated 01.09.2026 by which the applicant was temporarily released on bail by suspending the sentence as the sentence is below 3 901.revn.759.2026.odt three years. The applicant has also paid fine amount of Rs.10,000/- on 01.09.2026. It appears from the record that the applicant was arrested on 14.03.2023 and was released on bail on 30.06.2023. There are no allegations that the applicant has violated any conditions imposed by the learned trial Court while releasing the applicant on bail. Further apprehensions of the learned A.P.P. can be taken care of by imposing stringent conditions. Hence, I am inclined to exercise discretion under section 430 of the BNSS to release the applicant on bail. Hence, I pass the following order :- ORDER (a) The application is allowed. (b) The substantive sentence imposed upon the applicant in Special Case No.297 of 2023, vide judgment and order dated 01.09.2026 passed by the learned Additional Sessions Judge, Nagpur is hereby suspended subject to the applicant furnishing a PR bond of Rs.25,000/- with one surety in the like amount as already executed vide order dated 01.09.2026 passed by the learned Additional Sessions Judge, Nagpur, while releasing the applicant on bail. (c) The applicant shall attend the concerned Police Station once in every six months, commencing from 05.10.2026. 4 901.revn.759.2026.odt (d) The applicant is directed not to tamper with the evidence and shall not threaten the complainant or the witnesses. (e) The applicant shall furnish copies of his Aadhar Card and PAN Card to the Investigating Officer along with his residential address and the names, addresses and mobile numbers of two close relatives. (f) Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the bail granted herein above. (g) Application is disposed of accordingly. (MEHROZ K. PATHAN, J.) C.L. Dhakate Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 01/10/2026 15:11:26