Prasanna Bhagat, v. Public Prosecutor, Panaji.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 48 OF 2019 IN CRIMINAL APPEAL NO. 4 OF 2019 PRASANNA BHAGAT, ... Applicant

Versus

PUBLIC PROSECUTOR, PANAJI., ... Respondent Shri Arun De Sa, Advocate for the Applicant.

Shri S. R. Rivankar, Public Prosecutor for the Respondent. Coram:- C. V. BHADANG, J.

Date:- 15th February 2019 P.C.

This is an application for suspension of sentence.

2. The applicant has been convicted for the offences punishable under Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act 1988. For the offence under Section 7 of the Act, the applicant has been sentenced to suffer imprisonment for a period of one year and to pay a fine of Rs.10,000/- and in default to undergo Simple Imprisonment for three months and for the offence punishable under Section 13(1)(d) read with Section 13(2) of the Act, the applicant is sentenced to undergo imprisonment for a period of two years and to pay a fine of Rs.20,000/- in default to undergo Simple

CRMA/48/2019 imprisonment for a period of three months. Both the sentences are directed to run concurrently. The applicant was on bail during the course of the trial. The learned Trial Court has suspended the sentence for a period of one month from 30.01.2019.

3. On hearing the learned Counsel for the applicant and the learned Public Prosecutor for the respondent, the following order is passed :

ORDER

(i) The application is allowed.

(ii) The substantive sentence of imprisonment awarded to the applicant is hereby suspended pending disposal of the appeal on the condition of the applicant furnishing a PR bond in the sum of Rs.25,000/- with one solvent surety in the like-amount and further subject to the condition of deposit of the fine amount. (iii)The bail bonds to be furnished before the learned Special Judge.

C. V. BHADANG, J.

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