Bombay High Court
Jawaharlal S/O Shrilal Dubey And 3 ... vs The State Of Maharashtra Thr. Anti ... on 5 August, 2024
17.appa.724.24.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.724 OF 2024
IN
CRIMINAL APPEAL NO.406 OF 2024
(Jawaharlal s/o Shrilal Dubey and ors. Vs. The State of Maharashtra)
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. A.S. Mardikar, Sr. Advocate for the appellants.
Mr. A.J. Gohokar, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- AUGUST 5, 2024.
By this application, the appellants are seeking
suspension of sentence and releasing him on bail.
2. The appellants have challenged the judgment
and order of sentence passed by the Special Judge,
Amravati in Special (ACB) Case No.11/2005 by which the
present appellants are convicted of the offence punishable
under Sections 7, 13(1)(e) r/w 13(2) of the Prevention of
Corruption Act, 1988 by which the present appellants are
convicted of the offence and sentenced to suffer rigorous
imprisonment for 2 years and to pay fine of Rs.50,000/-
each.
3. Learned Senior Counsel for the appellants
submitted that the fine amount is already paid. He has
also shown the endorsement which is on the certified copy
of the judgment. He further submitted that the appeal
would take its own time for its final decision. He pointed
out from the impugned judgement that he has many
arguable points in the present appeal. The sanction
accorded by the Sanctioning authority and its validity is
also in question, the evidence as to the demand and
acceptance is also not consistent. Moreover, the
punishment imposed is of a limited period, if sentence is
executed then the appeal will become infructuous. In view
of that, he prays for suspension of sentence and releasing
the appellant on bail.
4. Learned Additional Public Prosecutor strongly
opposed the application on the ground that the appeal
itself is devoid of merits and liable to be dismissed.
5. I have heard learned Counsel for both the
parties and perused the impugned judgement from which
the learned Counsel for the appellants has pointed out
that he has many arguable points in the present appeal
and there are every chance of success. However, the
appeal would take its own time for its final decision,
moreover the punishment imposed is for a limited period.
In view of that, the application deserves to be allowed.
Accordingly, I proceed to pass following order :
(i) The application is allowed.
(ii) The execution of the sentence vide
order dated 06/07/2024 passed by the
Special Judge under P.C. Act and Additional
Sessions Judge, Amravati in Special Case
No.11/2005 is hereby suspended till final
disposal of the appeal.
(iii) The appellants - 1) Jawaharlal s/o
Shrilal Dubey, 2) Sau. Mangalabai w/o
Jawaharlal Dubey, 3) Vishal s/o Jawaharlal
Dubey and 4) Vishwas s/o Jawaharlal Dubey
be released on bail on executing P.R. Bond in
the sum of Rs.25,000/- (Rs. Twenty five
thousand) each with one surety each, in the
like amount.
6. The application stands disposed of.
CRIMINAL APPLICATION NO.725 OF 2024
By this application, the appellants are seeking
stay to the operative part of the judgment dated
06/07/2024 of the learned Special Judge, Amravati in
Special Case No.11/2005.
2. Issue notice to the respondent, returnable
after two weeks.
3. Learned APP waives notice for the State and
seeks time to file reply.
CRIMINAL APPEAL NO.406 OF 2024
Heard.
2. ADMIT.
3. Learned APP waives notice for the State.
4. Call for R. & P.
5. Place the appeal before the Court after two
weeks.
(URMILA JOSHI-PHALKE, J.)
*Divya
