Krushna S/O Tukaram Parate v. State Of Maharashtra, Through A.C.B. Akola

appa515.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.515 OF 2016 IN CRIMINAL APPEAL NO.35 OF 2016 (Krushna s/o Tukaram Parate Vs. State of Maharashtra thr. Anti Corruption Bureau, Akola, Tq. & Dist. Akola) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Ms. A. Sarkar, Advocate holding for Shri S.V. Sirpurkar, Advocate for Appellant/Applicant.

Shri A.V. Palshikar, APP for Respondent/State. CORAM: ROHIT B. DEO, J.

DATE: 20 th SEPTEMBER, 2017.

This is an application for suspension of sentence under section 389 of the Code of Criminal Procedure, 1973. 2.

The appellant seeks to challenge the judgment of conviction, by and under which, the appellant is convicted for offence punishable under section 13(i)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 and is sentenced to suffer rigorous imprisonment for three years. 3.

Perusal of the order dated 13.04.2016 would reveal, that the application for suspension of sentence was then not pressed on the premise that the appeal would be finally disposed of at the earliest. As a fact, the order dated 13.04.2016 directed that the appeal be listed for final hearing on 25.04.2016.

4.

However, for one reason or the other the appeal could not be taken up for final hearing.

appa515.16.O.odt 2 5.

In this situation, the appellant has moved this application for suspension of sentence. The sentence is suspended till the decision of the appeal. The accused shall furnish bail in the Trial Court.

6.

The application is disposed of accordingly.

JUDGE NSN