Santosh S/O. Kachrulal Patni v. The State Of Maharashtra

904 appln.2271.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 2271 OF 2016 IN APEAL/270/2016 SANTOSH S/O. KACHRULAL PATNI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Nilesh S. Ghanekar. APP for Respondent : Mr. S. D. Ghayal.

...

CORAM :

INDIRA K. JAIN, J.

DATE :

22nd April, 2016.

P.C.:

.

Issue notice to Respondent.

Learned APP waives service of notice for sole Respondent.

This is an application for suspension of substantive sentence of imprisonment awarded by the learned Special Judge, (P.C. Act), Aurangabad on 31st March, 2016 in Special Case No.17 of 2011 convicting the Applicant of the offence punishable under Section 8 of the Prevention of Corruption Act.

Heard the learned counsel for parties. Perused impugned judgment and order.

904 appln.2271.16.odt Without going into merits of the case and in view of short term sentence imposed by Trial Court this Court is inclined to suspend the substantive sentence of imprisonment till disposal of appeal. Hence the following order -

O R D E R

I.

Criminal Application No.2271 of 2016 is allowed. II.

Substantive sentence of imprisonment awarded by the Trial Court is suspended till the decision of appeal.

III.

Applicant 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. ] ndm