Allowed

Ganesh Savta Adsul v. the State of Maharashtra

Bombay HC23 Jan 2017APPA/52/2017

Case brief

AI extract

What is this about?

Application for suspension of sentence and bail filed by accused under Section 7 of the Prevention of Corruption Act. High Court allowed application, suspended sentence, and released on bail pending appeal despite objection from public prosecutor.

What did the court decide?

Application allowed; sentence suspended; accused released on bail on execution of bond and furnishing surety of Rs.15,000/-.

Ganesh Savta Adsul Vs the State of Maharashtra — Corruption | Bombay HC (2017)

¶1

10-APPA-52-2017.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

CRIMINAL APPELLATE JURISDICTION

¶4

CRIMINAL APPLICATION NO.52 OF 2017 IN CRIMINAL APPEAL NO.27 OF 2017

¶5

GANESH SAVTA ADSUL )...APPLICANT

¶6

V/s.

¶7

THE STATE OF MAHARASHTRA )...RESPONDENT

¶8

Mr.Aditya Mite i/b. Mr.M.G.Shukla, Advocate for the Applicant.

¶9

Mr.S.V.Gavand, APP for the Respondent - State.

¶10

CORAM : A. M. BADAR, J. DATE : 23^rd JANUARY 2017.

¶11

P.C. :

¶12

1 This is an application for suspension of sentence and

¶13

releasing the applicant / accused on bail during the pendency of the instant appeal.

¶14

2 Heard the learned advocate appearing for the

¶15

applicant / accused as well as the learned APP for the State. The

¶16

learned APP opposed the application by contending that the

¶17

avk 1/3

¶18

10-APPA-52-2017.doc

¶19

offence punishable under Section 7 of the Prevention of

¶20

Corruption Act has been proved against the applicant / accused.

¶21

3 Perused the impugned judgment and order passed by the learned Special Judge under the Prevention of Corruption Act convicting the applicant / accused of the offence punishable under Section 7 of the Prevention of Corruption Act. The applicant / accused is sentenced to suffer rigorous imprisonment for 1 year and to pay a fine of Rs.25,000/-, in default, to undergo further rigorous imprisonment for 4 months. He is, however, acquitted of the offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act.

¶22

4 Considering the short sentence imposed upon the applicant / accused and the fact that the appeal may not be heard in near future, keeping in mind the nature of alleged offence which is proved by the learned trial court, liberty of the applicant / accused needs to be protected during pendency of the appeal. Therefore the order :

¶23

avk 2/3

¶24

10-APPA-52-2017.doc

¶25

i) The application is allowed.

¶26

ii) Substantive sentence imposed upon the applicant / accused is suspended and he is directed to be released on bail on executing P.R.Bond in the sum of Rs.15,000/- and on furnishing surety in like amount.

¶27

(A. M. BADAR, J.)

¶28

avk 3/3

Ganesh Savta Adsul v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ganesh Savta Adsul v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sachin Harish Malve Vs the State of Maharashtra

Ujwala Dhananjay Pokale and Ors. Vs the State of Maharashtra

Mohammad Iqlak Mohamad Iqbal Qureshi Vs the State of Maharashtra and Anr.

Ganesh Gorakh Jadhav Vs the State of Maharashtra

Rajendra Eknath Nerkar Vs the State of Maharashtra

M/S. Dujodwala Paper Chemicals Limited and Ors. Vs the State of Maharashtra and Anr.