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Bombay High CourtAPPLN/2207/2023application allowed

Suryabhan S/O Revaji Zodge v. The State Of Maharashtra

2023-06-27Hon'Ble Shri Justice R. M. Joshi2 pages

958APPLN2207.2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2207 OF 2023 IN CRIMINAL APPEAL NO. 541 OF 2023 Suryabhan Revaji Zodage ... Applicant

Versus

The State of Maharashtra ... Respondent ...

Mr. Tapan K. Sant - Advocate for applicant Mrs. R. P. Gaur - APP for respondent/State ....

CORAM : R. M. JOSHI, J.

DATE : 27th JUNE, 2023 PER COURT :

1.

Applicant/appellant is handed over maximum sentence of two years simple imprisonment with fine for the offence punishable under Section 13(2) of the Prevention of Corruption Act. 2.

Learned advocate for the applicant submits that if the applicant is required to undergo sentence then the appeal will be infructuous. This Court finds substance in the said contention owning to the pendency of matters in this court. Hence, following order. 1/2

958APPLN2207.2023

ORDER

[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 the 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.

[iii] Bail before the lower Court.

[ R. M. JOSHI ] JUDGE SG Punde 2/2