Kumar Bhimrao Pawar v. The State Of Maharashtra

Nalawade A.S.

1 /2 Appa-943--16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 943 OF 2016 IN CRI. APPEAL NO.520 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Anand Patil for the Applicant.

Smt. G.P.Mulekar, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE :

02nd August, 2016 P.C.

This is an application for suspension of sentence and for releasing the applicant on bail.

2) The applicant is convicted under Section 7 and 13 (1)(d) of the Prevention of Corruption Act, 1988 and under Section 201 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 2 years for offences under the Prevention of Corruption Act and for one year for the offence under the provisions of Indian Penal Code and to pay a total fine of Rs.10000/- and in default of payment of fine to further under-go simple imprisonment for three months, by the Additional Sessions Judge, Ichalkaranji, District Kolhapur in Special Case No.2/2011 by its judgment and order dated 30.6.2016.

3) The learned counsel for the applicant submitted that after passing of the impugned Judgment and Order dated 30.6.2016 the Trial Court has released the applicant under Section 393 of the Cr.P.C. by an order of the even date. The substantive sentence

Nalawade A.S.

2 /2 Appa-943--16 imposed upon the applicant is two years of rigorous imprisonment. This is a short term sentence. There is no possibility of the appeal being heard on own merits in near future. In view of the same, I am inclined to release the applicant on bail.

Hence, I pass the following order.

a) 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.

b) The applicant shall attend the Trial Court once in three months on every first Monday between 11.00 a.m. to 2.00 p.m. c) Any two consecutive defaults in attending the Trial Court, will entitle the prosecution for seeking cancellation of bail of the applicant.

d) The application is allowed in the aforesaid terms. (A.S. GADKARI, J.)