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Bombay High CourtAPPLN/655/2022application allowed

Nathuram Waman Munde v. The State Of Maharashtra

2022-02-26Hon'Ble Shri Justice R. G. Avachat2 pages

Cri.Appln. No.655/2022 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.655 OF 2022 IN CRIMINAL APPEAL NO.141 OF 2022 Nathuram s/o Waman Munde ... APPLICANT

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. N.D. Kendre, Advocate for applicant Mrs. G.L. Deshpande, A.P.P. for respondent .......

CORAM :

R. G. AVACHAT, J.

DATE :

26th FEBRUARY, 2022.

PER COURT :

Heard. Issue notice returnable on 21st March 2022. Learned A.P.P. waives service for the respondent. 2.

The applicant has been convicted for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and sentenced to suffer rigorous imprisonment for four years and to pay fine of Rs.10,000/-, in default to suffer simple imprisonment for 1 year. The appeal filed by the applicant has been admitted.

3.

It is a short term sentence. The appeal is not

Cri.Appln. No.655/2022 :: 2 ::

likely to be heard in near future. Therefore, I am inclined to suspend the sentence and release the applicant on bail pending the appeal. Hence the order :

O R D E R

The criminal application is allowed. Pending the appeal, the substantive sentence imposed by learned Special Judge as per Prevention of Corruption Act and Additional Sessions Judge, Ahmedpur, District Latur in Special (ACB) Case No.4/2015 is suspended and the applicant shall be released on bail on his executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand) with one surety in the like amount.

( R. G. AVACHAT ) JUDGE fmp/-