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Bombay High CourtAPPA/169/2021allowed

Govind S/O Shalikram Barsagade v. State Of Maharashtra, Thr. Deputy Superintendent Of Police, Anti Corruption Bureau, Chandrapur

2021-03-05Hon'Ble Shri Justice Nitin B. Suryawanshi2 pages

17 Cri.Appeal-113-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO.113 OF 2021 Govind Shalikram Barsagade ...Versus...

State of Maharashtra, through Deputy Superintendent of Police, Anti Corruption Bureau, Chandrapur.

____________________________________________________________________________________________ Ofce Notes, Ofce Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri. H. P. Lingayat, Advocate for appellant/applicant Ms. S. Haider, APP for respondent/State.

CORAM :

N . B. SURYAWANSHI, J.

DATED :

5 th MARCH , 2021.

Heard.

Admit Call for Record and Proceedings.

CRIMINAL APPLICATION (APPA) NO.169 OF 2021 Issue notice to the respondent.

The learned Addl. Public Prosecutor waives service for respondent.

By this application, the applicant prays for suspension of his substantive sentence.

The applicant is convicted by the learned Sessions Judge, Chandrapur in Special (ACB) Case No.8 of 2011 for ofence punishable under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 and is sentenced to sufer rigorous imprisonment for two years and is directed to pay total fne of

17 Cri.Appeal-113-2021 Rs.5,000/-.

After the conviction, the applicant is released on bail by the learned trial Court. The applicant has deposited the fne amount. During the trial, the applicant was on bail and he has not misused the facility of bail. The applicant, therefore, has made out a case for suspension of sentence, hence the following order :

i) Criminal Application No.169 of 2021 is allowed.

ii) The substantive sentence of imprisonment passed against the applicant by the learned Sessions Judge, Chandrapur in Special (ACB) Case No.8 of 2011, is hereby suspended.

iii) The applicant/accused be released on the same bail but fresh bonds to be executed before the learned trial Court.

iv) The application is disposed of.

(N. B. SURYAWANSHI, J.) TAMBE