Bombay High CourtAPPA/1117/2016bail granted

Shivaji Kachru Sanap v. The State Of Maharashtra

2016-09-30Hon'Ble Shri Justice P.N. Deshmukh2 pages

Tilak 1/2 (908)APPA-1117-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1117 OF 2016 IN CRIMINAL APPEAL NO.603 of 2016 Shivaji Kachru Sanap .. Applicant

Versus

The State of Maharashtra .. Respondent --- Ms.Meera A. Barge i/b C.P. Sengaonkar, Advocate for the applicant Mr.A.R.Kapadnis, APP for the Respondent State. --- CORAM : P.N. DESHMUKH, J DATED : 30th SEPTEMBER 2016 --- P.C. :

This application is filed for suspension of sentence by accused who came to be convicted for the offence punishable u/s.7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

Heard learned counsel for the applicant.

She has submitted that applicant was on bail pending trial and since on both these counts is convicted for the period of one year RI, be released on bail as there is no question of applicant being absconding.

Tilak 2/2 (908)APPA-1117-16 Perused the application. Perused the record and proceedings.

It is found that applicant came to be convicted by the learned Special Judge for the above offences and is sentenced to suffer RI for one year and to pay fine of Rs.1500/- in default to suffer SI for two months on both the counts.

Both the sentences are however, directed to run concurrently.

Considering the fact that applicant, pending trial, was on bail and as it appears to be noticed by prosecution that while on bail, he has not misused liberty granted to him, sentence imposed upon applicant is liable to be suspended by granting him bail as per order below.

O R D E R

(i) Applicant shall be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety in like amount. (ii) Applicant while on bail shall mark his presence with Dindori Police Station, Nasik once in six months, pending Appeal. (iii) Applicant shall submit proof of his residential address with the concerned police station and shall update the same with the Investigating Officer if there is any change in the residential address.

(P.N.DESHMUKH, J)