Bhaskar Nathu Patil v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.573 OF 2016 IN CRIMINAL APPEAL NO.35 OF 2016 Bhaskar Nathu Patil, Age 72 years, Occ. Retired, r/o. Plot No.6, Near Mahir Hospial, Old Agara Road, Dhule ..Applicant
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The State of Maharashtra, Through Police Inspector (CID-Nashik), Dhule City Police Station, Dhule ..Respondent AND CRIMINAL APPLICATION NO.574 OF 2016 IN CRIMINAL APPEAL NO.37 OF 2016 Jagannath Bapurao Pawar, Age 68 years, Occ. Retired, Professor Colony, Palsikar Plot No.18, Wadi Bhokar Road, Deopur, Dhule ..Applicant
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The State of Maharashtra, Through Police Inspector (CID-Nashik), Dhule City Police Station, Dhule ..Respondent
-- In both the applications :- Mr.D.J.Patil, advocate i/b. Mr.N.B.Suryawanshi, advocate for applicants Mr.R.V.Dasalkar, A.P.P. for respondent - State -- CORAM : M.T. JOSHI, J.
DATE : JANUARY 28, 2016 PER COURT :
Heard.
2] Issue notice to the respondent - State. Learned A.P.P. waives notice.
3] By these applications, the applicants/ appellants i.e. original accused nos.13 and 5, respectively, who have been convicted and sentenced by learned Special Judge, Dhule in Special Case No.7 of 1991, are praying for suspension of the substantive sentences.
4] Applicant - Bhaskar Patil in Criminal Application No.573 of 2016, was convicted for the
offences punishable under Section 409, 467, 477-A read with 120-B of Indian Penal Code; and Section 13(1)(c)(d) read with 13(2) of the Prevention of Corruption Act read with Section 120-B of Indian Penal Code and directed to suffer rigorous imprisonment for the period between two to three years on each count.
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Applicant - Jagannath Pawar in Criminal Application No.574 of 2016, was convicted for the offences punishable under Section 120-B and 411 read with Section 109 of Indian Penal Code and directed to suffer rigorous imprisonment for the period between two to three years on each count. .
The sentences awarded to both applicants were directed to run concurrently.
5] Learned counsel for the applicants/appellants makes a statement that the sentences were already
suspended by the learned Special Judge till filing of the appeal. He submits the fine amount is already deposited.
6] In the circumstances, considering the fact that short term sentences were awarded to the applicants by the learned Special Judge, the substantive sentences deserve to be suspended, during pendency of the appeals.
7] Hence, the following order :- A] Both the Criminal Applications are hereby allowed.
B] The substantive sentences of both the present applicants, are hereby suspended, during pendency of the appeals.
C] The applicants/appellants be released on bail upon their executing P.R. bond in the sum of
Rs.20,000/- (Rs.Twenty Thousand) each and also upon furnishing surety each in the like amount, during pendency of the appeal. Humdast allowed. D] The applications are disposed of accordingly. [M.T. JOSHI, J.] kbp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPEAL NO.35 OF 2016 Bhaskar Nathu Patil, Age 72 years, Occ. Retired, r/o. Plot No.6, Near Mahir Hospial, Old Agara Road, Dhule ..Appellant
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The State of Maharashtra, Through Police Inspector (CID-Nashik), Dhule City Police Station, Dhule ..Respondent AND CRIMINAL APPEAL NO.37 OF 2016 Jagannath Bapurao Pawar, Age 68 years, Occ. Retired, Professor Colony, Palsikar Plot No.18, Wadi Bhokar Road, Deopur, Dhule ..Appellant
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The State of Maharashtra, Through Police Inspector (CID-Nashik), Dhule City Police Station, Dhule ..Respondent -- In both the appeals :- Mr.D.J.Patil, advocate i/b. Mr.N.B.Suryawanshi, advocate for appellants Mr.R.V.Dasalkar, A.P.P. for respondent - State --
CORAM : M.T. JOSHI, J.
DATE : JANUARY 28, 2016 PER COURT :
Heard.
2] Both the appeals are admitted. Learned A.P.P. waives notice for the respondent - State.
3] Printing of the paper book is dispensed with. [M.T. JOSHI, J.] kbp