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2026 DAILYLAW 7380 (BOM)

KHILAVAN S/O GUNARAM LANJEWAR, v. THE STATE OF MAHA. THR, PSO, PS, HUDKESHWAR, NAGPUR.

APPA/677/2026 · 2026-09-09

Criminal Appealbody2026

Judgment text

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1 8appeal472.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR . CRIMINAL APPLICATION (APPA) NO. 677 OF 2026 IN CRIMINAL APPEAL NO. 472 OF 2026 Khilavan s/o Gunaram Lanjewar Vs State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.V. Acharya, counsel for appellant. Ms H.S.Dhande, APP for respondent/State. CORAM : Y. G. KHOBRAGADE, J. DATED : 09-09-2026 1. Heard learned counsel appearing for the respective parties. 2. By the present application, the applicant prays for suspension of the sentence awarded by the learned Special Judge, designated under the ACB Act and Additional Sessions Judge-1, Nagpur, vide judgment and order dated 27/08/2026 passed in Special ACB Case No. 43 of 2016. 3. Needless to say, by the judgment and order dated 27/08/2026, the learned trial Court held the applicant / accused guilty of the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, and sentenced him to suffer imprisonment for a maximum period of four years for the offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 4. The applicant/accused was arrested on 20/11/2015 and was released on bail on 21/11/2015. There are no allegations regarding misuse of the liberty granted to the 2 8appeal472.2026.odt applicant/accused. He has also cooperated with the investigating agency. 5. On perusal of the record, it appears that PW-1 Sheela Vijay Kamble, lodged a complaint with the Anti Corruption Bureau about alleged demand of illegal gratification of payment of Rs. 4000/- by the present appellant. On verification of the said demand, a trap was laid, and the appellant/accused was caught hold while accepting the bribe. 6. During the course of trial, the prosecution witnesses supported the prosecution case about illegal demand and acceptance of illegal gratification by the applicant / accused. The applicant/accused has raised substantial grounds in appeal, which require scrutiny and re- appreciation of evidence. 7. Since the applicant/accused was on bail during the course of trial, which resulted into culmination of the trial. Considering the facts and circumstances of the case, I am of view that, applicant/accused is entitled to bail by suspending the sentence awarded by the Special Judge, Nagpur vide order dated 27/08/2026 passed in Special ACB Case No. 43 of 2016 during the pendency of the trial. Accordingly, I proceed to pass the following order: ORDER a] Criminal Application No. 677 of 2026 is allowed. b] The substantive sentence vide judgment and order dated 27/08/2026 passed by the learned 3 8appeal472.2026.odt Special Judge (ACB), Nagpur in Special ACB Case No. 43 of 2016, is hereby suspended during pendency of the appeal. c] The applicant/accused Khilavan s/o Gunaram Lanjewar be released on bail on executing P.R. Bond of Rs. 50,000/- with two solvent sureties in like amount. d] The applicant shall furnish his mobile number as well as mobile numbers of two close relatives before the trial Court. e] The applicant/accused shall attend the concerned Police Station Darwha on first of each month during the pendency of the appeal. (Y.G.KHOBRAGADE, J) rkn Signed by: Mr. R.K. NANDURKAR Designation: PS To Honourable Judge Date: 09/09/2026 18:09:55