Allowed

Pravin Janardan Karne v. the State of Maharashtra and Another

Bombay HC7 Feb 2023APPLN/565/2023

Case brief

AI extract

What is this about?

In this application, the applicant, convicted under the Prevention of Corruption Act and awaiting appeal, sought suspension of his substantive sentence. The court allowed the application, suspended the sentence, and released him on bail with a fresh bond given the sentence was short and already pending appeal.

What did the court decide?

Substantive sentence suspended pending appeal; applicant released on bail with a Police Report bond of Rs. 15,000/- on conditions.

Pravin Janardan Karne Vs the State of Maharashtra and Another — Corruption | Bombay HC (2023)

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(1)

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criapln565.23

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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902 CRIMINAL APPLICATION NO. 565 OF 2023
IN CRIMINAL APPEAL NO.106 OF 2023

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PRAVIN JANARDAN KARNE VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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Mr. Rahul S. Pawar, Advocate for the applicant
Mr. S. R.Yadav-Lonikar, APP for the respondents/State

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CORAM:KISHORE C. SANT, J.
DATE:07th FEBRUARY, 2023

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P. C.

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1.Heard.

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2.Issue notice to the respondents, returnable forthwith.
Learned APP waives service of notice for the respondents/State.

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3.This is an application seeking suspension of
substantive sentence awarded by the learned Special Judge ACB
and learned Additional Sessions Judge, Shahada dated 07-01-
2023 in Special Case No. 09/2014. The applicant is held guilty
of the offences punishable under Sections 7 and 13 (2) of the
Prevention of Corruption Act. He is directed to suffer simple
imprisonment for one year and to pay fine of Rs.5000/- and in
default to suffer simple imprisonment for two months for the

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(2) criapln565.23

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offence punishable under Section 7 of the Prevention of
Corruption Act and also he is further directed to suffer simple
imprisonment for two years and to pay fine of Rs.5000/- and in
default to suffer simple imprisonment for two months for the
offence punishable under Section 13(2) of the Prevention of
Corruption Act.

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2.Learned advocate for the applicant submits that
during the trial the accused was on bail. There is no allegation
that he has misused the liberty while he was on bail. Sentence is
short sentence of two years. On the date of conviction his
substantive sentence is suspended. He has already paid the fine
amount in the trial court. He further submits that looking to the
pendency of the appeal, the appeal is not likely to be heard in
near future and prays for suspension of substantive sentence.

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3.Learned APP opposes the application saying that the
applicant is convicted for the offences under the Corruption Act.

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4.In view of the submission and the fact that sentence
is short sentence and the sentence is already suspended, this
court finds that it would be in the interest of justice to suspend
the substantive sentence pending the appeal. Therefore, the
following order:-

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(3)

criapln565.23

ORDER

a]The criminal application stands allowed.

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b]Substantive sentence as awarded by the
learned Sessions Judge, ACB and learned Additional
Sessions Judge, Shahada by the judgment and order
dated 07-01-2023 in Special Case No. 09/2014 is
hereby suspended pending the appeal.

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c]The applicant be released on bail on furnishing
PR bond of Rs.15,000/- [Rupees Fifteen Thousand]
with one solvent surety in the like amount on the
following conditions:

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i]The applicant shall provide the
contact details like mobile and address,
in case of any change to the concerned
police station.

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d]Parties to act upon authenticated copy of this
order.

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[KISHORE C. SANT, J.]

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VishalK/criapln565.23

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Pravin Janardan Karne v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Pravin Janardan Karne v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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