25.apeal.483.26 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPA] No.690 of 2026 in Criminal Appeal No.483 of 2026 Shri Ajay Kumar s/o Shyam Bihari Singh vs. Inspector of Police, Central Bureau of Investigation, A.C.B., Nagpur =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. H.D. Dangre, Advocate for the Applicant/Appellant. Mr. P.K. Sathianathan, Special Counsel for the Non-Applicant/Respondent. CORAM : Y.G. KHOBRAGADE, J. DATE : 9 th SEPTEMBER, 2 026. Heard Mr. H.D. Dangre, learned Counsel appearing for the applicant and Mr. P.K. Sathaianathan, learned Special Counsel appearing for the non-applicant. 02. By the present application filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’), the applicant/accused seeks suspension of the sentences awarded by the learned Special Judge, C.B.I. Court, Nagpur, vide judgment and order dated 24/08/2026 in Spl. CBI Case No.1/2017, thereby holding the applicant guilty of the offences punishable under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the P.C. Act” for brevity) and sentencing him to suffer rigorous imprisonment for three years and to pay a fine of Rs.3.00 lakh and for the offence punishable under Section 13(2) read with Section 13(1)(d) of the P.C. Act and sentencing him to suffer rigorous imprisonment for four years and to pay a fine of Rs.3.00 lakh. 03. Admittedly, the applicant/accused was chargesheeted for the offences punishable under Sections 7 and 13(2) read with Section 13(1) 2026:BHC-NAG:12058 25.apeal.483.26 2/3 (d) of the P.C. Act on the basis of the complaint lodged by the informant, i.e. the Proprietor of M/s. Swaraj Enterprises. 04. The learned Special Counsel appearing for the non-applicant has filed a reply and strongly opposed the application. 05. Considering the material evidence available on record, it appears that the prosecution has discharged its burden and proved the demand and acceptance of the additional gratification. The test for Phenolphthalein powder was also found to be positive. However, considering the grounds set out in the appeal, this Court is required to re- appreciate the evidence available on record and there is less possibility of hearing the appeal on merits in the near future. 06. Therefore, since the applicant has been sentenced to suffer imprisonment for a limited period of four years and the applicant has filed an affidavit stating therein that he has deposited the fine amount of Rs.6.00 lakh before the trial Court, at this stage, it would be just and proper to suspend the sentence and release the applicant on bail during the pendency of the appeal. Accordingly, I proceed to pass the following order: O R D E R I. Criminal Application No.690 of 2026 is hereby allowed. II. The substantive sentence awarded to the applicant by the learned Special Judge, C.B.I. Court, Nagpur, vide judgment and order dated 24/08/2026 in Spl. CBI Case No.1/2017, is hereby suspended during the pendency of the appeal. III. Applicant-Ajay Kumar s/o Shyam Bihari Singh is directed to be released on bail on furnishing P.R. Bond in the sum of 25.apeal.483.26 3/3 Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount, before the learned trial Court. IV. The application stands disposed of in the aforesaid terms. JUDGE *sandesh Signed by: Mr. Sandesh Waghmare Designation: PS To Honourable Judge Date: 10/09/2026 22:07:19