Bombay High CourtAPPA/469/2016allowed

Ravindra Namdeorao Daigavane v. State Of Maharashtra, Thr. P.I. A.C.B. Wardha

2017-03-30Hon'Ble Kum. Justice Indira Jain2 pages

1 appa469.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APPA] NO.469 OF 2016 IN CRIMINAL APPEAL NO.224 OF 2016 [Ravindra Namdeorao Daigavane .vs. State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 Applicant-Appellant, Shri I.J. Damle, APP for respondent-State.

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CORAM : KUM. INDIRA JAIN, J.

DATED : MARCH 30, 2017.

By this application under section 389 of the Code of Criminal Procedure, applicant seeks suspension of substantive sentence of imprisonment imposed vide judgment and order dated 17.6.2016 passed by the learned Special Judge, Wardha in Special (ACB) Case No.11/2004.

Applicant has been convicted of the offences punishable under sections 7, 13 (1) (d) read with 13 (2) of the Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for 2 years and fine of Rs.10,000/- in-default to suffer further simple imprisonment for 4 months for the offence under section 7 and rigorous imprisonment for 3 years and fine of Rs.15,000/- in-default to suffer simple imprisonment for 6 months for the offence under section 13 (1) (d) read with section 13

(2) of the Prevention of Corruption Act.

2 appa469.16.odt During trial applicant was on bail. By order dated 5.7.2016 sentence of imprisonment was suspended.

Hence, application is allowed. Substantive sentence of imprisonment is suspended till disposal of appeal on the same terms as stated in the order dated 5.7.2016 but on execution of fresh bonds to the satisfaction of the Trial court.

JUDGE Gulande