Shivram Sakharam Mire v. The State Of Maharashtra
Dond 1/2 appa.667-2016.sxw FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 667 OF 2016 IN CRIMINAL APPEAL NO. 383 OF 2016 ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.
----------------------------------------------------------------------------------------------------------------- Mr. Sandeep S. Salunkhe for applicant.
Mr. M.R. Tidke, APP for State.
CORAM : A.S. GADKARI, J.
DATE : 23rd June 2016.
P.C.:
This is an application for suspension of sentence and releasing the applicant on bail.
The applicant has been convicted by the Judgment and Order dated 31.5.2016 passed by the learned Special Judge, Pune in Special Sessions Case No.52 of 2015 under Section 7, 13(1)(b) read with 13(2) of the Prevention of Corruption Act, 1988 and is sentenced to undergo rigorous imprisonment for four years and to pay fine of Rs.2000/- on each count and in default of payment of fine to further undergo further rigorous imprisonment for three months. That the substantive sentences have been directed to run concurrently.
The maximum sentence imposed upon the applicant is four years.
Dond 2/2 appa.667-2016.sxw The said sentence is a short term sentence and the possibility of main appeal being heard in near future is very weak. As the sentence imposed upon the applicant is a short term sentence, I am inclined to suspend the sentence and release the applicant on bail pending appeal. Hence the following Order:
(I) The applicant be released on bail on his furnishing PR Bond of Rs.25,000/- with one or two solvent local sureties in the like amount. (II) After his release from jail, the applicant shall attend the Trial Court once in three months on every 1st Monday between 11.00 a.m. to 1.00 p.m. (III) The applicant shall surrender his passport, if any, before his release from jail.
5 The application is allowed in the aforesaid terms. (A.S. GADKARI, J.)