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Bombay High CourtAPPA/540/2021allowed

Prakashchandra S/O Motiramji Joshi v. State Of Mah. Thr. Police Station Officer Police Station-Achalpur, Dist. Amravati

2021-09-21Hon'Ble Shri Justice Vinay Joshi2 pages

1 6 appeal 387.2021.2021

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 387 OF 2021 Prakashchandra s/o Motiramji Joshi ..vs..

State of Maharashtra, thr. P.S.O.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.C. Jaltare, Advocate for appellant.

Shri S.D. Sirpurkar, A.P.P. for respondent/State. CORAM : VINAY JOSHI, J.

DATED : 21/09/2021 Heard. ADMIT.

Learned A.P.P. waives notice for respondent/ State.

Call for the Records and Proceedings.

CRIMINAL APPLICATION NO. (APPA) 540 OF 2021 Heard.

2.

This is an application seeking for suspension of execution of sentence passed in Special Case No. (ACB) No.1 of 2005 by the Additional Sessions Judge, Achalpur.

3.

The appellant/applicant was convicted for the offence punishable under Sections 7 and 13(2) of the

2 6 appeal 387.2021.2021 Prevention of Corruption Act. The Trial Court has awarded maximum sentence to under go rigorous imprisonment for one year along with total fine of Rs.10,000/-. During trial, the appellant/applicant was on bail and post conviction, the Trial Court has suspended the execution of sentence. The appeal will take considerable time for its disposal.

4.

Learned Counsel for the appellant/applicant undertakes to deposit entire fine amount within one week, if not already deposited. In view of that following order is passed :

(a)Criminal Application stands allowed and disposed of.

(b)The execution and implementation of substantive sentence passed in Special Case No. (ACB) No.1 of 2005 by the Additional Sessions Judge, Achalpur stands suspended till the disposal of appeal.

(c)In the meantime, the appellant/applicant Prakashchandra s/o Motiramji Joshi be released on bail on same terms and conditions as imposed by the Trial Court while suspending the sentence.

JUDGE Trupti