Nivrutti Krishna Lokhande v. Union Of India And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.22 OF 2018 IN CRIMINAL APPEAL NO.7 OF 2018 NIVRUTTI KRISHNA LOKHANDE )...APPLICANT V/s.

UNION OF INDIA AND ANR.

)...RESPONDENTS Mr.Veerdhawal P. Deshmukh i/b. Mr.Niranjan Mundargi, Advocate for the Applicant.

Mr.Prashant Jadhav, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

12th JANUARY 2018 P.C. :

This is an application for suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal filed by him. The applicant/accused is convicted of offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. Maximum sentence imposed on him is that of simple imprisonment of 1 year avk 1/3

and sentences imposed on both counts are directed to run concurrently.

Heard the learned Advocate appearing for the applicant/accused as well as the learned Additional Public Prosecutor appearing for respondent no.2. The learned Advocate for the applicant/accused has stated that he has served the prosecuting agency i.e. the Union of India through the Central Bureau of Investigation.

It is seen that short sentence of imprisonment of 1 year is imposed on the applicant/accused. He was on bail during pendency of the trial. Short sentence of imprisonment imposed on him has already been suspended by the learned trial court vide order dated 14th December 2017 passed on application below Exhibit 100. The appeal filed by the applicant/accused will not be heard within a period of 1 year from today, considering the pendency of the jail appeals before this court and the fact that this court is taking up final hearing of appeals of the year 2010. avk 2/3

Therefore, the order :

ORDER

i) The application is allowed.

ii) Substantive sentence of imprisonment imposed on the applicant/accused is suspended and the applicant/accused is directed to be released on bail on his executing P.R.Bond in the sum of Rs.15,000/-, and on furnishing surety in like amount. iii) The application is disposed of.

(A. M. BADAR, J.) avk 3/3