Dr. Suresh Ramkrushna Thakare v. State Of Mah. Thr. Acb Amravati

912.apeal.667.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO.667 OF 2022 Dr. Suresh Ramkrushna Thakare .Vs. State of Maharashtra, through ACB, Amravati Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri V.G. Wankhede, Advocate for the appellant. Shri S.A. Ashirgade, A.P.P. for the respondent/State. CORAM : ANIL S. KILOR, J.

DATED : 07/10/2022 1.

Heard.

2.

Admit.

3.

Call record and proceedings.

4.

Shri S.A. Ashirgade, learned APP waives service of notice to the respondent/State.

CRIMINAL APPLICATION (APPA) NO.865 OF 2022 6.

This is an application for suspension of sentence. 7.

The appellant has convicted under Section 7 of the Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for six months with fine of Rs.5,000/- in default, to suffer simple imprisonment for one month.

8.

The appellant has further convicted under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced to suffer rigorous C.L.Dhakate

912.apeal.667.2022.odt imprisonment for one year with fine of Rs.10,000/- in default, to suffer simple imprisonment for two months. 8.

The learned trial Court vide order dated 30.08.2022, suspended the sentence till the appeal period is over. 9.

In that view of the matter and after going through the impugned judgment, I am of the opinion that it is necessary to re-look the matter afresh.

10.

The application is allowed and sentence imposed by the learned Special Judge under P.C. Act & Additional Sessions Judge, Amravati in ACB (Special) Case No.100001 of 2008 vide judgment dated 30.08.2022, is suspended till disposal of the appeal and appellant shall be released on bail on his executing P.R. Bond for Rs.15,000/- with one solvent surety in the like amount.

The criminal application is disposed of accordingly. JUDGE Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge C.L.Dhakate