Baliram S/O Ganpatrao Ghuge v. The State Of Maharashtra

sgp APPLN4247.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4247 OF 2016 IN CRIMINAL APPEAL NO. 450 OF 2016 Baliram S/o Ganpatrao Ghuge ..

Applicant

Versus

The State of Maharashtra.

..

Respondent ..............

Mr V. J. Dixit, Sr. Counsel i/b Mr A. N. Nagargoje, Advocate for the applicant Mr A. V. Deshmukh, APP for respondent/State ..............

CORAM :

V.L. ACHLIYA, J.

DATED :

25.08.2016.

PER COURT :

.

Heard.

2.

Issue notice to the respondent. Learned APP waives service of notice on behalf of the respondent/State.

3.

Perused the application, impugned judgment and order passed by the trial Court. The applicant/original accused found guilty of offence u/s 7, 12, 13(1) (d) of the Prevention of Corruption Act, 1988. The maximum sentence awarded is of two years with payment of fine.

sgp APPLN4247.2016 4.

According to learned counsel for the applicant, the fine amount is already deposited and trial Court has suspended the sentence till 29.08.2016. 5.

Having regard to the submissions advanced and further taking into consideration the maximum sentence awarded is of two years, I am inclined to allow the application. Hence, the following order.

ORDER

(i) The Criminal Application No. 4247 of 2016 is allowed in terms of prayer clause 'A'.

(ii) Pending disposal of the appeal, the substantive sentence stands suspended on deposit of fine.

(iii) Pending disposal of the appeal, the applicant be released on bail on his furnishing bail in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount on condition that the applicant shall report and record his attendance at the office of Anti Corruption Bureau, Aurangabad, on any working day in the first week of the every month and in case of change in address, he shall communicate the same to concerned Officer.

[ V. L. ACHLIYA ] JUDGE