Maganlal Namdeo Patil v. State Of Mah. Thr. Dy. Superintendent Of Police Anticorruption Bureau Akola Ps Kotwali Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO. 455/2021 (Manganlal Namdeo Patil Vs. State of Maharashtra) Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar'

s orders.

Shri S. S. Katkar, Advocate for appellant.

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

DATE : 29.10. 2021.

Heard.

2.

Admit.

3.

Learned APP waives service of notice to the respondent/State.

4.

Call for R. and P.

CRIMINAL APPLICATION (APPA) NO. 623/2021 1.

Heard.

2.

The appellant is seeking for suspension of executive of sentence passed in ACB Case No. 03/2005 whereby the appellant was convicted for

offence punishable under Section 7 and 13 of the Prevention of Corruption Act. The Trial Court has imposed sentenced to suffer rigorous imprisonment for one year for offence punishable under Section 7 of the Prevention of Corruption Act and similar term of imprisonment for offence punishable under Section 13(2) of the Prevention of Corruption Act. Moreover, a fine of Rs. 20,000/- has been imposed.

3.

During trial, the appellant was on bail and post conviction, the Trial Court has suspended the execution of substantive sentence till appeal period. The appellant has deposited entire fine amount in the Trial Court. The appeal will take considerable time for its disposal. Having regard to the fixed term of imprisonment of one year, following order:- (I) Application stands allowed and disposed of.

(II) Execution and implementation of

substantive sentence stands allowed and suspended till disposal of the appeal. In the meantime, appellant shall be released on same terms and conditions as imposed by the Trial Court.

JUDGE Gohane.