Sunil Pandurang Sonavane v. The State Of Maharashtra

ssm 1 1-appa405.18.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 405 OF 2018 IN CRIMINAL APPEAL (ST) NO. 235 OF 2018 Sunil Pandurang Sonawane ....Applicant.

Vs.

The State of Maharashtra ....Respondent.

Mr. Dilip Shinde for the Applicant.

Ms. R.M. Gadhvi, APP for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 16th MARCH, 2018.

P.C.:- Leave to amend the prayer clause. Amendment to be carried out forthwith.

This is an Application for suspension of sentence and for releasing of the Applicant on bail. The Applicant is convicted under Sections 7 and 13(1) (d) r/w 13(2) of the Prevention of Corruption Act, 1988 and sentence to suffer maximum Rigorous Imprisonment for 1 year and to pay total fine amount of Rs.1000/- by the learned Special Judge (ACB), Raigad-Alibag, in Special ACB Case No. 10 of 2010 by its Judgment and Order dated 22nd December, 2017. The learned counsel appearing for the Applicant submitted that, the Applicant has already deposited the fine amount before the 1/2

ssm 2 1-appa405.18.sxw Trial Court. He further submitted that the Applicant has been released on bail by the Trial Court under Section 389 (3) of the Cr.P.C. by an order dated 22nd December 2017. As the maximum sentence imposed upon the Applicant is 1 year, I am inclined to release the Applicant/Appellant on bail. Hence the following order. a) During the pendency of the Appeal, the substantive sentence imposed upon the Applicant is suspended and the the Appellant is released on bail in Special ACB Case No. 10 of 2010 on his furnishing a PR Bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one or two solvent local sureties in the like amount. b) During the pendency of the Appeal, the Applicant shall attend and mark his presence before the Trial Court on every first Monday of the month between 11.00 a.m. to 2.00 p.m.. If the said first Monday is a Court holiday/Public holiday, the Applicant shall mark his presence on the immediate next working day.

Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 2/2