The applicant, convicted under the Prevention of Corruption Act and already granted bail, prayed for suspension of conviction pending appeal. The court rejected the prayer, relying on Supreme Court precedents that appellate courts should not suspend conviction orders in corruption cases even if the sentence is suspended.
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RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 359 OF 2010 IN
CRIMINAL APPEAL NO. 875 OF 2008
Eknath Piraji Bhosale
.. Applicant
Vs
The State of Maharashtra
.. Respondent
Mr. Milind Sawant for the Applicants
Mr. S.A. Shaikh, APP for the State
CORAM : SMT. V.K. TAHILRAMANI, J DATE : 12th OCTOBER, 2010.
P.C.:
1. Heard learned advocate for the applicant-original accused and learned APP for the State.
2. The applicant has been convicted in Special Case No. 9 of 2005 by learned Special Judge, Satara under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act. The appeal preferred by him against the said order is admitted and it is pending before this Court. The applicant has already been granted bail by this Court. Though, his sentence has been suspended, now, the applicant is praying for suspension of conviction.
3. The Supreme Court in the case of K.C. Sareen Vs CBI, Chandigarh reported in (2001) 6 SCC 584 held that when
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conviction is on a corruption charge against a public
servant, the appellate court or the revisional court
should not suspend the order of conviction during the
pendency of the appeal even if the sentence of
imprisonment is suspended. Similar view is taken in the
cases of Dy. Director of Collegiate Education (Adm) Vs S.
Nagoor Meera reported in (1995)3 SCC 377 and State of T.N.
Vs A. Jaganathan reported in (1996)5 SCC 329. Thus, in
view of the above decisions,I am not inclined to
entertain the present application for suspension of
conviction. Hence, the prayer is rejected.
4. Criminal Appeal No. 875 of 2008 be placed on final hearing board as soon as paper book is ready.
5. Application disposed of in above terms.
[SMT. V.K. TAHILRAMANI, J.]
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3
2 issues framed by the court
Whether the application for suspension of conviction in a corruption case pending appeal should be entertained given Supreme Court precedent.
Whether the High Court can suspend the order of conviction against a public servant while the appeal is pending.
Colour shows how this judgement treated each authority
K.C. Sareen Vs CBI, ChandigarhExplained¶17
K.C. Sareen Vs CBI, Chandigarh reported in (2001) 6 SCC 584 · Who else cites this
Dy. Director of Collegiate Education (Adm) Vs S. Nagoor MeeraExplained¶18
Dy. Director of Collegiate Education (Adm) Vs S. Nagoor Meera reported in (1995)3 SCC 377 · Who else cites this
State of T.N. Vs A. JaganathanExplained¶18
State of T.N. Vs A. Jaganathan reported in (1996)5 SCC 329 · Who else cites this
Eknath Piraji Bhosale
The State of Maharashtra
V.K. TAHILRAMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court