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Bombay High CourtAPPLN/6608/2016disposed off

Keshav S/O Subhash Gosavi v. The State Of Maharashtra

2016-12-09Hon'Ble Shri Justice V.K. Jadhav2 pages

cran6608.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6608 OF 2016 IN CRIMINAL APPEAL NO. 711 OF 2016 KESHAV S/O SUBHASH GOSAVI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant: Mr. Rupesh A. Jaiswal h/f Mr. N.S. Ghanekar APP for Respondent: Mr. S.P. Tiwari .....

CORAM : V. K. JADHAV, J.

DATED : 9th DECEMBER, 2016 PER COURT:- 1.

By way of this criminal application, the applicant original accused seeks suspension of substantive part of sentence and for getting released on bail.

2.

The applicant is convicted for the offence punishable under Section 7 of the Prevention of Corruption Act 1988, by the learned Special Judge (ACB), Aurangabad, by judgment dated 29.11.2016 in Special Case No. 27 of 2013 and thereby sentenced him to suffer R.I. for two years and to pay fine of Rs.12,000/- i/d to suffer S.I. for six months.

3.

Learned counsel for the applicant submits that the applicant accused was on bail during the course of trial and he never misused

cran6608.16 -2the said liberty as such. Further, the applicant accused has already deposited the fine amount before the trial court and even the trial court has suspended the substantive part of sentence till filing of appeal.

4.

In view of the above, this application is allowed. The substantive part of sentence is hereby suspended till disposal of appeal and till then the applicant Keshav Subhash Gosavi be released on bail on furnishing personal bond of Rs.20,000/- with one solvent surety in the like amount. Bail before the trial court. Humdast allowed.

5.

Criminal application is disposed of.

( V. K. JADHAV, J.) rlj/