Bombay High CourtAPPLN/3945/2015disposed off

Dnyaneshwer Pralhadrao Birajdar v. The State Of Maharashtra

2015-07-27Hon'Ble Shri Justice M.T. Joshi6 pages

CRIMINAL APPLICATION NO.3945 OF 2015 IN ..Applicant Mr.T.M.Tandale, advocate for applicant Heard.

Issue notice to respondent - State. Learned APP waives notice for respondent - State.

For the reasons stated in the application, delay of 66 days caused in filing the appeal, is hereby condoned. The application is accordingly allowed.

4] The appeal be registered as per due procedure of law.

CRIMINAL APPLICATION NO.3946 OF 2015 IN Age : 57 years, Occu.: Stamp Vendor, R/o.: Lohara, Tal. Lohara, Dist. Osmanabad ..Applicant Through Investigating Officer, Shri Fulchand Chokhalal Rathod, Age : 64 years, Occu.:Police Inspector, Anti-Corruption Bureau, Osmanabad, Tal and Dist Osmanabad Mr.T.M.Tandale, advocate for applicant 1] Issue notice to respondent - State.

Learned APP waives notice for respondent - State. Heard both sides.

Present applicant, who was convicted by learned Special Judge, Omerga, Dist. Osmanabad, in Special Case (A.C.) No. 05 of 2011, vide Judgment and Order dated 19.03.2015, for the offence punishable under Section 12 of the Prevention of Corruption Act, 1988 and was sentenced to suffer rigorous imprisonment for a period of 1 year and to pay a fine of Rs.10,000/-, in default to suffer simple imprisonment for six months for the said offence, is praying for suspension of substantive sentence and his release on bail.

4] Learned counsel for the applicant submits that the fine amount is already deposited.

5] Considering the short-term sentence awarded to present applicant, the substantive sentence is hereby suspended, during pendency of the Criminal Appeal.

6] The applicant/appellant be released on bail on his executing P.R. bond in the sum of Rs.30,000/- (Rs.Thirty Thousand) and also upon furnishing surety in the like amount.

7] The application is allowed and disposed of accordingly.

..Appellant Mr.T.M.Tandale, advocate for appellant - Heard both sides.

Admit, on registration of the appeal.

Print of paper-book is dispensed with. Learned A.P.P. wavies service of notice for the respondent/State, upon admission of the appeal. The appeal be placed with connected Criminal Appeal No.361 of 2015.