Prakash Rama Jedhe v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 210 OF 2016 IN CRIMINAL APPEAL NO. 133 OF 2016 Prakash Rama Jedhe.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

--- Mr. Jayant J. Bardeskar i/b. Mr. Sagar A. Mane, advocate for Applicant.

Mr. S.S. Pednekar, APP for State.

--- CORAM : SMT. SADHANA S. JADHAV,J DATE : MARCH 21, 2016 P.C.:

Heard the learned Counsel for the applicant and the learned APP for State.

This is an application under Section 389 of the Code of Criminal Procedure, 1973 seeking suspension of substantive sentence imposed upon the applicant. The applicant herein is convicted for the offence 1/4

punishable under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced to suffer R.I. for 3 years and to pay a fine of Rs. 5,000/- I.d. to suffer further R.I. for 3 months on each count in Special (A.C.B.) Case No. 1 of 2012 by Special Judge, Malegaon, Dist. Nashik vide Judgment and Order dated 13/1/2016.

The learned Counsel for the applicant submits that the applicant was on bail during pendency of the trial and has not committed breach of any condition imposed upon him and hence, he is entitled to extension of the same relief during the pendency of the appeal. The sentence imposed upon the applicant is a short term sentence. It is not likely that the appeal would be heard in the near future and hence, the applicant deserves to be enlarged on bail. Hence following order is passed :

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ORDER

(i) The application is allowed.

(ii) The substantive sentence imposed upon the applicant is hereby suspended. He be enlarged on bail. Same bail fresh bond. (iii) The applicant shall furnish fresh bail bond within 3 weeks from today before learned Special Judge, Malegaon, Dist. Nashik. Upon failure to furnish fresh bail bond within 3 weeks from today, the learned Special Judge shall issue non-bailable warrant against the applicant calling upon him to serve the rest of the substantive sentence.

(iv) The applicant shall furnish his residential address, contact numbers like cell phone numbers, landline numbers etc. to the concerned Court.

(v) The applicant shall report to the Court of Special Judge, Malegaon, Dist. Nashik once in 6 months on the date specified by the concerned court. Upon failure to attend on two consecutive dates by the applicant, the prosecution is at liberty to move for cancellation of bail.

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It is made clear that suspension of substantive sentence shall not be construed as suspension of conviction. The application is disposed of accordingly.

The Office to communicate this order to the concerned Court forthwith.

The parties to act on the authenticated copy of this order. (SMT. SADHANA S. JADHAV,J) 4/4