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7-IA-4862-2025 IN APEAL-84-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 4862 OF 2025

IN

CRIMINAL APPEAL NO.84 OF 2016

WITH

CRIMINAL APPEAL NO.84 OF 2016

Vinod @Sai Damodar Ghogale … Applicant/ Appellant

Versus

State of Maharashtra and Anr. … Respondent

WITH

CRIMINAL APPEAL NO.980 OF 2015

Sanjit Krishna Shetty @ Lafda Shetty … Appellant

Versus

State of Maharashtra … Respondent

WITH

CRIMINAL APPEAL NO.1047 OF 2015

Mahesh Babji Kalingan … Appellant

Versus

State of Maharashtra … Respondent

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Mr. Subhash Jha along with Mr. Siddharth Jha, for the Applicant/

Appellant.

Mr. Chanderkant Jadhav, ACP, Crime Branch, D-1.

Manisha 1/6

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Ms. Vaishali Sarwade, API, Crime Branch, Unit-7, Ghatkopar,

Mumbai.

Mr. Mayur S. Sonavane, APP for the Respondent-State.

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CORAM : SANDESH D. PATIL, J.

DATE : 31st DECEMBER, 2025.

(VACATION COURT)

P.C.:

1. By the present Application, the Applicant is seeking stay of the

judgment and order dated 23/09/2015 passed by the learned Special

Judge in MCOC Special Case No.2 of 2010 along with MCOC

Special Case No.7 of 2010 arising out of DCB, CID F.I.R. No.154 of

2009 (corresponding F.I.R. No.286 of 2009 of Vikhroli Police Station,

Mumbai). By the impugned judgment and order, the Applicant who is

Accused No.5 was convicted for offence under Section 3(2) of the

MCOC Act, and was sentenced to suffer rigorous imprisonment for

ten years and to pay fine of Rs.5 lacs; in default to undergo rigorous

imprisonment for three years. He was also convicted under Section

3(4) of the MCOC Act, however, in light of the sentence imposed

under Section 3(2), no separate sentence was awarded.

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2. The Applicant thereafter preferred the present Appeal. The

Appeal was admitted by this Court on 09/02/2016. The Applicant had

preferred an application bearing Criminal Application No. 91 of 2016

for suspension of sentence and release the Applicant on bail during

pendency of the Appeal filed by him. That application for suspension

and bail was rejected by this Court vide order dated 02/03/2017. The

Applicant being aggrieved and dissatisfied with the judgment and

order passed by Single Bench of this Court, preferred Special Leave

Petition before the Apex Court. The Apex Court set aside the order

passed by this Court and released the Applicant on bail vide order

dated 03/10/2017.

3. Mr. Subhash Jha, learned Advocate for Applicant/ Appellant

states that he had never preferred an application of stay of the

judgment and order. He further states that he wants to contest the

election for the post of Municipal Corporator, however, because of his

conviction there is impediment to contest the election, on account of

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bar of Section 8 of the Representatives of Peoples Act.

4. Mr. Mayur Sonavane, learned APP for the Respondent-State

states that after the impugned judgment and order was passed there is

yet another offence registered against the Applicant under Sections

307, 143, 144, 148, 149, 120B of the Indian Penal Code. Therefore,

he seeks rejection of the present application.

5. Heard learned Counsel appearing for the respective parties. The

Applicant was behind the bars for more than seven years. The Appeal

is already admitted by this Court vide order dated 09/02/2016. The

only question which arises before this Curt is whether the impugned

judgment and order deserves to be stayed in light of that fact that the

sentence is of a fixed imprisonment of 10 years.

6. At the time of filing of the Appeal and at the time of decision of

the bail application, as per the statement of Mr. Subhash Jha, learned

Advocate for the Applicant/ Appellant, no application for