Pandurang Popat Lokhande v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1166 OF 2016 IN CRIMINAL APPEAL NO. 631 OF 2016 Pandurang Popat Lokhande ...Applicant vs The State of Maharashtra

...Respondent

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Mr Ujwal R. Agandsurve for the Applicant Mr S.V.Gavand, APP for the State.

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CORAM : P.N.DESHMUKH, J.

28 SEPTEMBER, 2016 P.C. :

This application is for suspension of substantive sentence imposed upon the applicants and for grant of bail. Heard learned counsel for the Applicant and learned APP. Perused the impugned judgment and documents filed with the application. The Applicant is found convicted under Section 7 of the Prevention of Corruption Act, 1988 and is sentenced to suffer Rigorous Imprisonment of two years and to pay a fine of Rs.5000/- in default to suffer further RI for 3 months. The Applicant is further found convicted under Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 and was directed to undergo Rigorous Imprisonment for a period of Two Pg 1 of 3

Years and to pay fine of Rs.5000/- in default to suffer R.I. for three months on this count also. Both the substantive sentences are directed to be run concurrently.

According to the learned counsel for the Applicant, pending trial the Applicant was on bail and thus prays that the application be allowed. Record reveals that sentence imposed upon the Applicant was suspended by the learned Special Judge, Solapur by its order dated 8 August, 2016, till 30 September, 2016. The appeal is preferred on 21 September, 2016.

Considering the fact that the applicant was on bail pending the trial and his sentence is already suspended by the learned Special Judge, Solapur and as it is no case of the prosecution that the Applicant while on bail has misused the bail granted to him, and considering the sentence imposed on the Applicant, as it can be termed to be short sentence, the application is liable to be allowed by imposing conditions as per order below:-

ORDER

(i) The substantive sentence imposed upon the Applicant Pg 2 of 3

stands suspended;

(ii) The applicant shall be released on bail on his executing PR bond in the sum of Rs.20,000/-, with one surety in the like amount;

(iii) While on bail the applicant shall mark his presence with Foujdar Chawdi Police Station, Solapur once in three months on 1st day of each such month, pending appeal; (iv) The applicant shall furnish proof of his residential address with said police station and shall update the same if changed in future.

The application is disposed of accordingly.

( P.N.DESHMUKH J. ) Pg 3 of 3