Ananta Lalu Dighe v. CBI Anti Corruption Bureau And ANR

APPA.971-2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 971 OF 2017 IN CRIMINAL APPEAL NO. 405 OF 2016 Ananta Lalu Dighe ..Applicant Vs C.B.I. Anti-Corruption Bureau, Mumbai &Anr.

..Respondents ----- Mr. V.S. Talkute for applicant.

Mr. Ajay Bhise for respondent No.1.

Mrs. V.S. Mhaispurkar, APP for State.

------ CORAM : A.S.GADKARI, J.

DATE : 10th APRIL 2018.

P.C.:

1] This is an application for suspension of conviction imposed upon the applicant by Judgment and Order dated 6th May 2016 passed by the learned Special Judge (Under the Prevention of Corruption Act, 1988), Greater Mumbai in CBI Special Case No.16 of 2012 thereby convicting him under Sections 7, 13 read with 13 (1)(d) of the Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.5000/- on different counts.

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APPA.971-2017.doc 2] Heard the learned Counsel for the applicant, the learned Counsel for the respondent No.1-CBI and the learned APP for the State. Perused the record.

3] It is the settled position of law as has been enumerated by the Hon'ble Supreme Court in the case of K.C. Sareen Vs. CBI reported (2001) 6 SCC 584 and followed in the case of State of Maharashtra through CBI, Anti-Corruption Bureau, Mumbai Vs. Balkrishna Dattatraya Kumbhar reported in (2012) 12 SCC 384 that, the conviction of public servants convicted in corruption cases cannot be suspended just because they would otherwise lose their job and/or they may not get other benefits arising out of their service.

4] In view of the above, the present application being misconceived is accordingly rejected.

(A.S.GADKARI, J.) 2/2