Shrikant S/O. Vishnu Rathod v. The State Of Maharashtra Thr. Police Station Officer (Police Station Ramnagar) Chandrapur

APPA 867of17.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 867 OF 2017 IN CRIMINAL APPEAL 367 OF 2017 (Shrikant s/o. Vishnu Rathod...VS.. The State of Maharashtra thr PSO PS Ramnagar, ACB, Chandrapur) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Mr. Abhay Sambre, counsel for the appellant.

Mr. A.V. Palshikar, APP for the respondent.

CORAM: ROHIT B. DEO, J.

DATE: 8 th DECEMBER, 2017.

Heard.

The appellant who is convicted of offence punishable under section 12 of the Prevention of Corruption Act, is seeking suspension of conviction inter alia on the ground that even if the evidence on record is accepted at face value, the appellant who then was a raw recruit could not have been convicted for having abetted the offence. The learned Sessions Judge relying on the evidence of Investigating Officer - PW 3 has recorded a finding that the fact that the appellant swallowed the currency notes when apprehended is an incriminating circumstance.

The appellant may have an arguable case on

APPA 867of17.odt 2 merit. However, since the offence proved is under Prevention of Corruption Act, I do not find any exceptional or compelling case to stay the conviction.

Application is rejected.

JUDGE R S Belkhede, PA