Baban S/O Bhausaheb Awasarmal v. The State Of Maharashtra

(1) Cr. Appln. 5882/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5882 OF 2015 IN CRIMINAL APPEAL NO. 809 OF 2015 Baban S/o Bhausaheb Awsarmal, Age 45 years, Occu.: Service, R/o N-1, CIDCO, Bhakti Nagar, Aurangabad .. Applicant Vs.

The State of Maharashtra .. Respondent ---- Mr. R.A. Jaiswal, Advocate h/f Mr. N.S. Ghanekar, Advocate for the applicant Mr. K.D. Mundhe, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 29/10/2015 ORAL ORDER :

Heard.

2.

Notice.

3.

Learned A.P.P. waives notice for the respondent-State.

4.

The applicant, who has been convicted by the learned Special Judge (CBI), Aurangabad vide judgment and order dated 09/10/2015 passed in Special Case No. 01 of 2010, for the offences punishable under section 7,

(2) Cr. Appln. 5882/2015 13(2) r/w. 13(1)(d) of the Prevention of Corruption Act, 1988 and sentenced to suffer rigorous imprisonment for 2 years and to pay fine of Rs.25,000/-, in default to suffer simple imprisonment for 6 months for the offence punishable under section 7 of the Prevention of Corruption Act, 1988 and to suffer rigorous imprisonment for 2 years and to pay fine of Rs.25,000/-, in default to suffer simple imprisonment for 3 months for the offences punishable under section 13(2) r/w. 13(1)(d) of the Prevention of Corruption Act, 1988, is praying for suspension of the substantive sentences during the pendency of the appeal and his release on bail. 5.

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

6.

Considering the fact that short term sentences were awarded and the fine amount is deposited, the substantive sentences are hereby suspended. The applicant be released on bail, upon his execution of P.R. bond in the sum of Rs.20,000/- (Rs. Twenty Thousand) and also upon furnishing surety in the like amount.

(3) Cr. Appln. 5882/2015 7.

Hamdast granted.

8.

Application stands disposed of.

[M.T. JOSHI] JUDGE arp/