Jyoti D/O. Dattatray Dafal @ Jyoti ... vs The State Of Maharashtra
2021 Latest Caselaw 18029 Bom

                                                                    3329.21APPLN.odt
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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                 CRIMINAL APPLICATION NO. 3329 OF 2021
                                   IN
                    CRIMINAL APPEAL NO. 696 OF 2021

            JYOTI D/O DATTATRAY DAFAL @ JYOTI W/O SANDIP
                                NARAL
                                VERSUS
                      THE STATE OF MAHARASHTRA
                                  ...
          Mr.N.B. Narwade, advocate for the applicant
          Mr.A.R. Kale, APP for the respondent/State.
                                  ...
                               CORAM : S.G. DIGE, J.
                                       (Vacation Court)

                                            DATE :       24th     DECEMBER, 2021
          PER COURT :-


          .                Heard learned counsel for the parties.

          2.               The learned counsel for the applicant-
          accused        submits     that    the       applicant-accused               has
          been convicted by the learned Principal District
          and Sessions Judge, Ahmednagar under Sections 7
          and       Section     13(1)(b)          of     the      Prevention            of
          Corruption Act, 1988. She was on bail during the
          trial. She is lady having two daughters, hence
          requested to allow the application and applicant-
          accused be released on bail.

          3.               The learned counsel further submitted
          that             learned    Special           Judge        had       wrongly
          appreciated          the    evidence          and       convicted           the
          applicant-accused.           It appears from evidence that




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          applicant-accused               is     not        guilty.           Applicant-
          accused has deposited the fine amount before the
          Special Court.

          4.               The      learned           A.P.P.          objected           for
          granting bail to the applicant-accused.

          5.               The       applicant-accused                     has          been
          convicted under the provisions of the Prevention
          of Corruption Act by the learned trial Court and
          has sentenced to suffer rigorous imprisonment for
          four years and to pay a fine of Rs.20,000/-, in
          default, to suffer simple imprisonment for three
          months.        The     applicant,          who    was      the      Government
          servant, was released on bail through out the
          trial       and       there     is    nothing         in      the      impugned
          judgment         suggesting          that    she       has      misused        the
          liberty. The sentence that has been awarded is
          short term sentence.


          6.               By taking into consideration all above
          aspect, it appears that the short term sentence
          has     been         awarded.    Further         when      the      appeal       is
          admitted, it will take its own time to come up
          for hearing. She has deposited the fine amount.
          Hence, the conviction awarded to the applicant
          deserves to be suspended till the conclusion of
          the appeal. Hence, I pass the following order :-
                                               ORDER

(i) Criminal Application stands allowed.

3329.21APPLN.odt

(ii) The conviction awarded to the applicant-appellant in Special Case No.03/2018 by learned Special Judge under Section 3 of Prevention of Corruption Act & Principal District and Sessions Judge, Ahmednagar on 21.12.2021 is hereby suspended till the hearing and conclusion of Criminal Appeal No.696 of 2021.

(iii) The applicant-accused shall be released on bail on executing P.B. and S.B. of Rs.20,000/- (Rs.Twenty Thousand only) before the trial Court.

(iv) The parties to act upon authenticated copy of this order.

(S.G.DIGE, J.)

SGA