The Bombay High Court entertained a bail application under Cr.P.C. 389 by a police constable convicted of corruption offences with short sentences. Considering the pendency of the appeal and the applicant's prior bail status, the Court granted bail with a fresh bond.
Suspension of sentence and imprisonment; release on bail with fresh bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
901-APPA-1378-16-IN-APEAL-718-16.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1378 OF 2016 (FOR BAIL) IN
CRIMINAL APPEAL NO.718 OF 2016
Devidas Rohidas Devkate
.... Applicant
versus
State of Maharashtra ... Respondent
Ms. Prabha U. Badadare, advocate for the applicant.
Ms. A.A Takalkar, APP for the State/Respondent.
CORAM : A.M.BADAR, J. DATE : 17th NOVEMBER, 2016
P.C. :
suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal.
Nesarikar
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punishable under section 7, he is sentenced to suffer Rigorous Imprisonment of 1 year with fine of Rs.5,000/-, in default to suffer Rigorous Imprisonment for 1 month. For the offence punishable under section 13(1)(d) r/w 13(2) of the said Act, applicant is sentenced to suffer Rigorous Imprisonment of 1 year and to pay a fine of Rs.5,000/-, in default to undergo further Rigorous Imprisonment of one month.
contending that once the offence is proved, the consequence must follow and therefore applicant cannot be released on bail.
Nesarikar
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who is a public servant. The appeal will take its own time for final hearing. There is no likelihood of disposal of the instant appeal in near future. There is nothing on record to suggest that the applicant would not cooperate this Court in disposal of appeal. Therefore, the application needs to be allowed with following order:
ORDER
Nesarikar
2 issues framed by the court
Whether a police constable convicted of corruption charges should be released on bail pending appeal after serving a short sentence.
Whether the likelihood of the applicant fleeing justice justifies granting bail in a corruption case.
3 provisions across 2 enactments
Devidas Rohidas Devkate
State of Maharashtra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
