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Bombay High CourtAPPLN/6374/2016application allowed

Shriram S/O Deelip Neharkar v. The State Of Maharashtra

2016-11-25Hon'Ble Shri Justice V.K. Jadhav2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL APPLICATION NO. 6374 OF 2016 IN CRIMINAL APPEAL NO.684 OF 2016 SHRIRAM S/O DEELIP NEHARKAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.Waramaa B.R.

APP for Respondent/State: Mr.S.P. Tiwari.

...

CORAM : V.K. JADHAV, J.

Dated: November 25, 2016.

By this application, the applicant-accused is seeking suspension of substantive part of sentence passed on 25.10.2016 by the learned Special Judge, Majalgaon in Special Case No.3/2011.

2.

The learned Special Judge, Majalgaon by judgment and order dated 25.10.2016 convicted the applicant / accused for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 to suffer R.I. for one year and to pay fine of Rs.2000, in default, to suffer S.I. for two months and for the offence punishable under Section 13(1)(d) r/w section 13(2) of the Act of 1988 to suffer R.I. for two years and to pay fine of Rs.3000, in default, to suffer S.I. for

6374.16crapln.

three months, with direction that the above sentences shall run concurrently.

3.

Heard.

4.

The applicant accused was on bail during the course of the trial and the learned Counsel for the applicant submits that the applicant accused has deposited the fine amount before the trial Court and even the applicant accused was released on bail till the appeal period was over.

5.

In view of this, the criminal application is allowed. The substantive part of the sentence passed by the Special Judge, Majalgaon in Special Case No.3/2011 dated 25.10.2016 is hereby suspended till disposal of the accompanying criminal appeal and till then, the applicant-accused Shriram s/o Deelip Neharkar be released on bail on his furnishing P.R. Bond of Rs.15,000/- (Rs.Fifteen thousand), with one surety in the like amount. Bail before the trial Court. Hamdast allowed.

6.

Criminal Application stands disposed of accordingly.

(V.K. JADHAV, J.) kadam/*