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Bombay High CourtAPPLN/2154/2023application allowed

Velji S/O Nahadya Mavchi v. The State Of Maharashtra, Through Police Station Officer, Akkalkuva.

2023-07-03Hon'Ble Shri Justice R. M. Joshi2 pages

P-4.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2154 OF 2023 IN CRIMINAL APPEAL NO. 519 OF 2023 Velji Nahadya Mavchi ...Applicant

Versus

The State of Maharashtra

...Respondent

...

Mr. Joydeep Chatterji, Advocate for the Applicant. Mrs. R. P. Gaur, APP, for the Respondent - State. ...

CORAM:R.M. JOSHI, J DATE :JULY 03, 2023 PER COURT :

1.

Not on board. Upon mentioning, taken on production board.

2.

Applicant/Appellant is handed over maximum sentence of two years of SI with fine for the offence punishable under Sections 7 and 13(2) of the Prevention of Corruption Act.

3.

Learned Counsel for the Applicant states that if the Applicant is required to undergo sentence, then the Appeal will become infructuous.

4.

This Court finds substance in the contention

P-4.odt of learned Counsel for the Applicant owing to the pendency of the matters in this Court. Hence, the order:

O R D E R

(i) The Application is allowed.

(ii) The substantive sentence imposed on the Applicant by the impugned order dated 03.06.2023 passed by learned Special Judge, ACB and Additional Sessions Judge, Shahada, is suspended pending this Appeal.

(iii) The applicant be released on bail on executing P.R. bond of Rs. 15,000/- (Rupees Fifteen Thousand Only) with one solvent surety in the like amount.

(iv) Bail before trial Court.

(R.M. JOSHI, J.) Malani