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Bombay High CourtAPPLN/5872/2016bail granted rejected

Eknath Gorakh Thakkur v. The State Of Maharashtra

2016-10-20Hon'Ble Shri Justice V.L. Achliya2 pages

criapln5872-16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5872/2016 IN CRIMINAL APEAL NO.614/2016 EKNATH GORAKH THAKKUR

VERSUS

STATE OF MAHARASHTRA ...

Advocate for Applicant: Mr.R.N.Chavan h/f Joydeep Chatterji APP for Respondents: Mr.R.B.Bagul ...

CORAM : V.L.ACHLIYA,J.

DATE : 20/10/2016 PER COURT :- The applicant has moved this application seeking bail on the grounds set out in detail in the application. 2] Heard learned counsel for applicant and learned APP for respondent-State.

3] The applicant was tried for offences punishable under Sections 7, 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred as the P.C.Act for the sake of brevity) on conclusion of the trial found to be guilty of said offences and sentenced to suffer R.I. for three years and fine of Rs.1000/- in default to pay fine S.I. for six months for offence punishable under Section 7 of the P.C.Act and R.I. for two years and fine of Rs.500/- in default to pay fine, S.I. for three months for offence punishable under

criapln5872-16 -2Section 13(1)(d) of the P.C.Act. The trial Court has suspended the sentence till appeal period in order to enable the appellant to prefer appeal. Looking to the sentence awarded and the applicant was on bail throughout the trial, I am inclined to allow the application. Hence the following order :

ORDER

I] Pending disposal of the appeal, execution of substantive sentence of imprisonment stands suspended.

II] Pending disposal of appeal, applicant be released on bail on furnishing bail in the sum of Rs.50,000/- with one solvent surety in the like amount on following conditions :

A] Pending disposal of appeal, applicant shall report and record his appearance before the Officer incharge of Anti Corruption Bureau, Dhule on first working day in each month in between 11 to 12 p.m. till disposal of appeal.

B] Applicant shall furnish the names and addresses of his three close relatives with phone numbers. In case of change of address, applicant shall intimate the new address to concerned officer of Anti Corruption Bureau as well as this Court.

C] The applicant shall not indulge into any criminal activity during pendency of appeal.

Non observance of any of the conditions of bail, prosecution will be at liberty to move the Court for cancellation of bail. (V.L.ACHLIYA,J.) umg/