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

27 appa 240-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APPA) No.240 of 2021 In Criminal Appeal No.113 of 2021 Govind s/o Shalikram Barsagade,

Versus

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

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri H.P. Lingayat, Advocate for applicant/appellant. Ms T.H. Udeshi, A.P.P. for non-applicant/State CORAM : ANIL S. KILOR, J.

DATED : 09 MARCH This is an application for suspension/stay of the order of conviction passed against the accused/applicant vide judgment dated 06/02/2021 passed below Exhibit 76 in Special (A.C.B.) Case No.8/2011 by learned Sessions Judge, Chandrapur.

2.

Learned Counsel for the appellant submits that on the date of application, the appellant was in employment and to avoid termination in view of his conviction, the prayer was made to suspend/stay the order of conviction. It is submitted that during the pendency of this application, the appellant has already been removed from service.

27 appa 240-2021.odt 3.

It is submitted that if the application is allowed and the prayer sought in the application is allowed, there is every likelihood that the appellant would be reinstated in service and therefore, he prays for suspension of conviction. 4.

The learned A.P.P. strongly opposed the application and points out from the findings recorded by the learned Sessions Court that the learned Sessions Court has rightly convicted the applicant after marshaling the evidence available on record.

5.

After going through the impugned judgment and order and the reasons recorded by the learned Sessions Judge, prima facie, I am of the opinion that the learned Sessions Judge has considered the evidence and dealt with all the relevant aspects before convicting the applicant. In that view of the matter, the Criminal Application No.240/2021 is rejected.

The Criminal Application is disposed of.

[ANIL S. KILOR, J.] R.S.Sahare Signed By:RANJANA SAMEER SAHARE