The High Court allowed a bail application filed by a convicted applicant in a corruption case involving short sentences for RI suspension with surety bond.
Application allowed; substantive imprisonment sentence suspended. Applicant released on executing PR Bond of Rs.15,000/- and furnishing surety of like amount.
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.
903-APPA-1590-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1590 OF 2016 IN CRIMINAL APPEAL NO.837 OF 2016
Sharad Kisan Aher
)...APPLICANT
V/s.
THE STATE OF MAHARASHTRA )...RESPONDENT
Mr. Vikas B. Shivarkar, Advocate for the Applicant.
Mrs. M.R.Tidke, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 5th JANUARY 2017.
P.C. :
This Application is filed by the Applicant-convicted
accused. By the impugned judgment and order dated 8.12.2016, the applicant-convicted accused is convicted of the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. For the offence punishable under Section 7 of the said Act, he is sentenced to suffer RI for one year and to pay fine of Rs.1,000/- in default to under further SI for two months. For the offence punishable under Section 13(1)
Shivgan
903-APPA-1590-2016.doc
(d) read with Section 13(2) f the said Act, the applicant-convicted accused is sentenced to suffer RI for two years and to pay fine of Rs.1,000/- in default to undergo SI for two months.
2 Applicant-convicted accused was on bail throughout the trial. He is public servant and as such is not likely to abscond. Short sentence is imposed on him and there is no likelihood of disposal of the appeal in near future. Hence, I see no reason to deny bail to the applicant-convicted accused. The application is allowed. The substantive sentence of imprisonment imposed on the applicant-convicted accused is suspended. The applicantconvicted accused be released on executing PR Bond in the sum of Rs.15,000/- and on furnishing surety in the like amount.
3 Application is, accordingly, disposed of.
(A. M. BADAR, J.)
Shivgan 2/2
2 issues framed by the court
Whether bail should be granted to the convicted applicant in a short-term corruption sentencing order.
Whether the substantive sentence of imprisonment imposed on the applicant should be suspended.
1 provisions across 1 enactments
Sharad Kisan Aher
THE STATE OF MAHARASHTRA
A. M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
