Vimla Prasiddh Dubey v. Union Of India And ANR

504-IA-4799- 24 IN APEAL-1238-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4799 OF 2024 IN CRIMINAL APPEAL NO.1238 OF 2024 Vimla Prasiddh Dubey .... Applicant V/s.

Union of India & Anr.

.... Respondents ---- Ms.Ieecha D. Pokale i/b Ms.Sudha Dwivedi, for the Applicant. Mr.Swapnil Walve, APP, for Respondent-State.

by NILAM SANTOSH KAMBLE Date: 2024.11.28 10:21:21 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 21st NOVEMBER 2024 P.C:- .

Heard learned counsel for the Applicant and learned APP for the Respondent-State.

2.

The learned counsel for the Applicant submits that, the Applicant has convicted under Section 109 of the Indian Penal Code and Sections 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 and sentenced to suffer simple imprisonment for two years and to pay fine of Rs.1,00,000/- in default to undergo further simple imprisonment N.S. Kamble page 1 of 2

504-IA-4799- 24 IN APEAL-1238-24.doc for six months.

3.

The learned Trial Court has suspended the sentence for the Appeal period. The Appeal period expired on 23rd November 2024, hence, requested for continuation of the said order.

4.

The learned APP submits that appropriate order be passed.

5.

Considering the submission of both learned counsel as well as sentence imposed on the Applicant is short term sentence. During trial Applicant was on bail. He has not misused the liberty. Considering these facts, the sentence is suspended till final disposal of the Appeal.

6.

The Application is disposed of.

CRIMINAL APPEAL NO.1238 OF 2024 7.

Heard learned counsel for the Appellant.

8.

Issue notice to the Respondents, returnable on 19th December 2024.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2