Amarsingh Shersingh Kamthekar v. The State Of Maharashtra

Cri.Appln. No.1370/2022 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1370 OF 2022 IN CRIMINAL APPEAL NO.298 OF 2022 Amarsingh s/o Shersingh Kamthekar ... APPLICANT

VERSUS

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

Mr. H.V. Tungar, Advocate for applicant Mrs. G.L. Deshpande, A.P.P. for respondent - State .......

CORAM :

R. G. AVACHAT, J.

DATE :

20th APRIL, 2022.

PER COURT :

Heard. Issue notice to respondent. Learned A.P.P. waives service for the respondent.

2.

The applicant has been convicted for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for 6 months and to pay fine of Rs.3000/-, in default to suffer simple imprisonment for 1 month on both count. Both the sentences have been directed to run concurrently. The Criminal Appeal filed by the appellant has been admitted by this Court. Considering it to

Cri.Appln. No.1370/2022 :: 2 ::

be a short term sentence and since the appeal is not likely to come up for final hearing in near future, I am inclined to suspend the sentence and release the applicant on bail pending the appeal. Hence the order :-

O R D E R

(i) The criminal application is allowed.

(ii) Pending the appeal, the substantive sentences imposed by learned Assistant Sessions Judge-1, Nanded by judgment and order dated 31/3/2022, passed in Special Case (ACB) No.06/2016 are 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/-