Baliram Devram More v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.471 OF 2017 IN CRIMINAL APPEAL NO.271 OF 2017 BALIRAM DEVRAM MORE )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Smt.G.M.Dubashi, Advocate for the Applicant.

Mr.P.H.Gaikwad-Patil, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

29th MARCH 2017.

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.

Heard the learned advocate appearing for the applicant / accused as well as the learned APP. The learned APP opposed the application by contending that the offence is proved avk 1/3

and there is evidence regarding pre-trap and post-trap panchnama and therefore, is opposing release of the applicant / accused on bail during pendency of the appeal.

According to the prosecution case, the applicant / accused, who is Agriculture Officer of Panchayat Samiti, Satara, had demanded and accepted an amount of Rs.5,000/- towards illegal gratification for granting proposal for grant of license to establish nursery moved by the complainant. After trial, the learned Special court was pleased to convict the applicant / accused for offences punishable under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act. For the offence punishable under Section 7 of the Prevention of Corruption Act, he is sentenced to suffer rigorous imprisonment for 3 years and for the offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, he is sentenced to suffer rigorous imprisonment for 4 years. Apart from this, the learned trial court has imposed some fine and had directed the applicant / accused to undergo some sentence in default of avk 2/3

payment of fine. It is reported that the applicant / accused has already paid the fine imposed on him by the trial court. Considering short sentence imposed upon the applicant / accused and the fact that the appeal will take its own time for final hearing, the applicant / accused, who is a public servant, deserves to be released on bail, and therefore the order : i) The application is allowed.

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

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