Ashok Digambar Nisal v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1507 OF 2016 (FOR BAIL) IN CRIMINAL APPEAL NO. 780 OF 2016 Ashok Digambar Nisal ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Vivek V. Salunke for the Applicant Ms. A. A. Takalkar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

FRIDAY, 16 th DECEMBER, 2016 P.C. :

1.

Heard learned Counsel for the applicant and learned A.P.P for the respondent-State.

2.

The applicant has been convicted and sentenced vide Judgment and Order dated 26th October, 2016, by the learned Additional Sessions Judge, Thane, for the offence punishable under Section 7 of the Prevention of Corruption Act and has been sentenced to suffer SI for 6 months and directed to pay fine of Rs. 1,000/-, in default, to suffer SI for 10 1/3

days. The applicant has also been convicted for the offence punishable under Sections 13(1)(d) r/w 13(2) of the Prevention of Corruption Act and has been sentenced to suffer SI of 1 year and directed to pay fine of Rs. 1,000/-, in default to suffer SI of 1 month. The sentences are directed to run concurrently.

3.

Learned Counsel for the applicant states that the applicant was on bail, pending trial. He submits that the applicant has not abused or misused the liberty granted to him. He further submits that after the conviction, the applicant has been granted bail. 4.

Perused the papers. It is not in dispute that the applicant was on bail pending trial and that he has not abused or misused the liberty granted to him. The Appeal has been admitted by a separate order passed today. The sentence awarded is a short term sentence. The appeal is not likely to come up for the hearing in the immediate near future. 2/3

5.

Considering the aforesaid, the application is allowed and the applicant is enlarged on bail, pending the hearing and final disposal of his Appeal, on the following terms and conditions :

ORDER

(i) The applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.10,000/- with one or two local sureties in the like amount;

(ii) The applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court and to the concerned Police Station, in writing. 6.

The Application is allowed on the aforesaid terms and is accordingly disposed of.

7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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