Sanjay Dhondiba Kasbe v. The State Of Maharashtra

(27)APPANo.5302017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE JURISDICTION CRIMINAL APPLICATION NO.530 OF 2017 IN CRIMINAL APPEAL NO.302 OF 2017 Sanjay Dhondiba Kasbe ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr.V.R.Agandsurve, Advocate for the Applicant. Mr.Amit Palkar, APP for the Respondent/State. ....

CORAM : A.M.BADAR J.

DATED : 12th APRIL 2017.

P.C. :

The learned Advocate appearing for the applicant/accused has stated that he is not praying for stay to the Judgment and Order of conviction, as claimed in prayer clause (b). What remained now is prayer for releasing him on bail by suspending the substantive sentence of imprisonment. The applicant/accused has been convicted of the offences punishable under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 and he is sentenced to suffer simple imprisonment for three years on both these counts.

Gaikwad RD 1/2

(27)APPANo.5302017 Heard the learned Advocate for the applicant/accused. I have also heard the learned Additional Public Prosecutor. Short sentence of imprisonment for three years has been imposed on the applicant/accused, who is a public servant. As such, there is no likelihood of absconding. The appeal will take its own time for hearing. The applicant/accused was on bail during pendency of the trial and the trial Court has suspended the substantive sentence of imprisonment on the applicant. Therefore, the order :

(i) The application is partly allowed.

(ii) Substantive sentence of imprisonment imposed on the applicant/accused is suspended and he is directed to be released on bail on executing PR bond in the sum of Rs.15000/- with one surety in like amount.

(iii) Rest of the prayer made in the application is rejected. (A.M.BADAR J.) Gaikwad RD 2/2