Dagadu S/O Sitaram Kale v. The State Of Maharashtra

904.APPLN.1839.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1839 OF 2016 IN CRIMINAL APPEAL NO. 208 OF 2016 Dagadu Sitaram Kale ..APPLICANT

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. V.D. Salunke, Advocate for applicant.

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

....

CORAM : INDIRA K. JAIN, J.

DATED : 7th APRIL, 2016 ORDER :

.

This is an application for suspension of substantive sentence of imprisonment awarded by learned Special Judge, Omerga vide order dated 10.03.2016 in Special (ACB) Case No. 4/2014 convicting applicant of the offences punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988.

2.

Heard Mr. Salunke, 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

904.APPLN.1839.16.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. 1839 of 2016 is allowed. II) Substantive sentence of imprisonment awarded by learned Special Judge, Omerga vide order dated 10.03.2016 in Special (ACB) Case No. 4/2014 convicting applicant of the offences punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 is suspended till decision of Criminal Appeal No.208 of 2016.

III) Applicant Dagadu Sitaram Kale 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