Jitendra Purushottam Doshi v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.777 OF 2017 IN CRIMINAL APPEAL NO.480 OF 2017 Jitendra Purushottam Doshi ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.A.D.Joshi a/w Mr.Pradeep Khithani, Ms.Sandhya Mailagir, for the Applicant.

Mr.Prashant Jadhav, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 8th JUNE, 2017 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks suspension of his sentence and enlargement on bail, pending the hearing and final disposal of his appeal.

3.

Learned Counsel for the applicant states that the applicant was

2/3 on bail, pending the trial and that he has not abused or misused the liberty granted to him. The said statement is not disputed by the learned A.P.P. 4.

Perused the papers. It appears that the applicant, has been convicted by the learned Assistant Sessions Judge, Mangaon, and Special Judge, Mangaon, Raigad, vide Judgment and Order dated 20th May, 2017, for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and has been sentenced to suffer R.I for 3 years and to pay fine of Rs.5,000/- in default to suffer R.I. for 3 months. The applicant has also been convicted under Section 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 and has been sentenced to suffer R.I for 4 years and to pay fine of Rs.10,000/- in default to suffer R.I. for 6 months. Both the sentences are directed to be run concurrently. The sentence awarded are short term sentence. The Appeal has been admitted by a separate order passed today and the same is not likely to come up for the hearing in the immediate near future. It is not in dispute that the applicant was on bail pending trial and that he has not abused or misused the liberty granted to him.

3/3 5.

Considering the aforesaid, the application is allowed. The sentence of the applicant is suspended and the applicant is enlarged on bail, pending the hearing and final disposal of his Appeal, on the following terms and conditions:-

ORDER

(i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount. 6.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)