Bombay High CourtAPPA/1107/2015others disposed off

Arunkumar Jagannath Patil v. The State Of Maharashtra

2015-09-07Hon'Ble Shri Justice A.R. Joshi2 pages

5-APPA-1107 and 1108 in APEAL-886-2015.doc Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION No. 1107 of 2015 (FOR BAIL) ALONG WITH APPLICATION No.1108 of 2015 (FOR SUSPENSION OF SENTENCE) IN CRIMINAL APPEAL No. 886 of 2015 Arunkumar Jagannath Patil ..Applicant.

Versus

The State of Maharashtra ..Respondent.

Mr Sandip Dere, Advocate for the Applicant.

Mrs P.P. Bhosale, APP for the State.

CORAM : A.R.JOSHI,J DATE : 7th September, 2015 P.C. :

1) Heard the learned Counsel for the applicant on this application for bail / suspension of substantive sentence, during pendency of the appeal. The applicant was on bail during the trial. However, after conviction he is taken in custody.

2) The applicant is awarded sentence of three years rigorous imprisonment (RI) and fine of Rs.15,000/-, in default of payment of fine further RI for six months for the offence under section 7 of the Prevention of Corruption Act. For the offence under section 13 (1) (d) read with section 13 1/2

5-APPA-1107 and 1108 in APEAL-886-2015.doc

(2) of the Prevention of Corruption Act, 1988, he is also awarded sentence to suffer R.I. for four years and to pay fine of Rs.25,000/-, in default of payment of fine further RI for nine months. Reportedly, the fine amounts are already paid. The appeal will take long time for adjudication. It is the case of the demand and acceptance of Rs.300/- by way of illegal gratification for doing the official job of inspecting the electric meter and giving the connection for electricity to the complainant.

3) Considering the above circumstances, the applications are allowed. The applicant shall be released on same bail as granted by the trial Court with fresh bonds to be executed before the trial Court. The substantive sentence is suspended till the conclusion of the trial.

4) The present order is effective only after the payment of entire fine amount by the applicant in the trial Court. Both the applications are accordingly disposed of.

(A.R.JOSHI, J.) Certified to be true and correct copy of the original signed order. 2/2