Kashinath Govindrao Kadam. v. The State Of Maharashtra.

919.APPLN.1605.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1605 OF 2016 IN CRIMINAL APPEAL NO. 156 OF 2016 Kashinath Govindrao Kadam ..APPLICANT

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. P.P. Mandlik, Advocates for applicant.

Mr. S.D. Ghayal, APP for respondent.

....

CORAM : INDIRA K. JAIN, J.

DATED : 7th APRIL, 2016 ORDER :

.

This application is for suspension of substantive sentence of imprisonment awarded by learned Special Judge (ACB), Nanded vide order dated 29.02.2016 in Special (ACB) Case No.2 of 2011 convicting applicant of the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. 2.

Heard Mr. Mandlik, learned Counsel for applicant and Mr.Ghayal, learned APP for State. Learned counsel for applicant submits that during trial applicant was on bail. 3.

Perused the reasons recorded by Trial Court. In view of short S.S.DESHPANDE 1 / 2

919.APPLN.1605.16.doc term sentence awarded, this Court is inclined to suspend the substantive sentence of imprisonment during pendency of appeal. Hence the following order:-

O R D E R

I) Criminal Application No. 1605 of 2016 is allowed. II) Substantive sentence of imprisonment awarded by learned Special Judge (ACB), Nanded vide order dated 29.02.2016 in Special (ACB) Case No.2 of 2011 convicting applicant of the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 is suspended till decision of Criminal Appeal No.156 of 2016.

III) Applicant Kashinath Govindrao Kadam is released on bail on P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand Only) each.

IV) Bail before the Trial Court.

( INDIRA K. JAIN, J. ) S.S.DESHPANDE 2 / 2