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Bombay High CourtAPPA/1007/2017bail granted

Shankar Dattatray Titade v. The State Of Maharashtra

2017-07-18Hon'Ble Justice Revati Mohite Dere3 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1007 OF 2017 (For Suspension Of Sentence And Bail) IN CRIMINAL APPEAL NO.612 OF 2017 Shankar Dattatraya Titade .Applicant Vs.

The State of Maharashtra .Respondent Mr.S.D.Chavan, Advocate, for the Applicant Mr.S.S.Pednekar, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

18.07.2017 P.C.

.

Heard learned counsel for the parties.

2.

By this Application, the Applicant seeks suspension of his sentence & enlargement on bail, pending the hearing and final disposal of the aforesaid Appeal.

3.

The Applicant has been convicted & sentenced vide Judgment and Order dated 19.06.2017, passed by the learned Additional Sessions Judge, Satara, in Spl. (A.C.B.) case No.4 of 2013 as under :-

- For the offence punishable under Section 7(1) of the Prevention of Corruption Act to suffer R.I. for one year and to pay fine of Rs.2,000/-, in default to suffer R.I. for further period of 15 days; - For the offence punishable under Section 13(2) of the Prevention of Corruption Act to suffer R.I. for two years and to pay fine of Rs.3,000/-, in default to suffer R.I. for further period of one month. Both the sentences are directed to run concurrently. 4.

Learned counsel for the Applicant states that the Applicant was on bail pending the trial and has not abused or misused the conditions of bail. He further submits that even after the Applicant was convicted, his sentence was suspended.

5.

Learned APP does not dispute the aforesaid. The Appeal has been admitted by a separate order passed today. The sentence imposed is a short term sentence. Considering the fact, that the Appeal is not likely to be heard in the immediate near future and the fact that the Applicant was on bail pending the trial and has not abused or misused the conditions of bail, the Applicant's sentence is suspended and he is enlarged on bail, pending the hearing and final disposal of his Appeal on the following terms & conditions:-

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

Accordingly, the Application is disposed of on the aforesaid terms.

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