Bombay High CourtAPPA/1133/2017others disposed off

Sunil Bhaurao Nikam v. The State Of Maharashtra

2017-09-20Hon'Ble Shri Justice A.M. Badar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1133 OF 2017 IN CRIMINAL APPEAL NO.662 OF 2017 SUNIL BHAURAO NIKAM )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Harshad Bhadbhade i/b. Mr.Pankaj Medhe, Advocate for the Applicant.

Mr.S.V.Gavand, APP for the Respondent - State.

CORAM

A. M. BADAR, J.

DATE :

20th SEPTEMBER 2017 P.C. :

Leave to amend prayer clause.

This is an application for suspension of sentence and release the applicant / accused on bail during pendency of the appeal filed by him. The applicant / accused is convicted of the offence punishable under Sections 7, 13(1)(d) and 13(2) of the avk 1/3

Prevention of Corruption Act. On both counts, he is sentenced to suffer simple imprisonment for 1 year, Heard the learned advocate appearing for the applicant / accused. He submitted that substantive sentence of imprisonment has already been suspended by the learned trial court and therefore, the applicant / accused deserves to be bailed out considering short sentence imposed on him.

The learned APP opposed the application.

I have considered the rival submissions and also perused the impugned judgment and order of conviction, so also copies of deposition placed on record. Short sentence of 1 year has been imposed on the applicant / accused on both counts. Substantive sentence is directed to run concurrently by the learned trial court. Considering the short sentence of 1 year and pendency of the appeals before the court, the appeal filed by the applicant / accused may not be heard in near future. Hence the applicant / accused deserves liberty. Therefore the order :

avk 2/3

ORDER

i) The application is allowed.

ii) Substantive sentence imposed upon the applicant / accused is suspended and the applicant / accused is directed to be released on bail on his executing P.R.Bond in the sum of Rs.15,000/- and on furnishing surety in like amount.

iii) The application stands disposed of accordingly. (A. M. BADAR, J.) avk 3/3