Dhanwantar Nagnath Gaikwad vs The State Of Maharashtra
2024 Latest Caselaw 23336 Bom

Bombay High Court

Dhanwantar Nagnath Gaikwad vs The State Of Maharashtra on 8 August, 2024

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     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                 BENCH AT AURANGABAD

       905 CRIMINAL APPLICATION NO. 3209 OF 2024
                   IN APEAL/718/2024


              DHANWANTAR NAGNATH GAIKWAD
                        VERSUS
               THE STATE OF MAHARASHTRA

                              ...
         Advocate for Applicant : Mr. Gaikwad Anil M.
          APP for Respondent/State : Mr. S.K.Shirse
                              ...


                           CORAM : KISHORE C. SANT, J.

                           DATE     : 08th AUGUST, 2024.


PER COURT :


1.        Heard the learned Advocate for the applicant and the

learned APP for respondent/State.



2.        This application is for suspension of substantive

sentence awarded by the learned Special Judge Usmababad, in

Special Case (ACB) No. 12 of 2016, dated 20.07.2024, thereby

convicting the applicant for the offence punishable under

Section 7 of the Prevention of Corruption Act and sentenced him
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to suffer imprisonment for 3 years,      and to pay fine of Rs.

1,000/-, and in default to suffer S.I. for 15 days. He is further

convicted for the offence punishable under Sections and 13 (1)

(d) punishable under Section 13 (2) of the Prevention of

Corruption Act and sentenced to suffer imprisonment for 4

years and to pay fine of Rs. 1,000/-, in default to suffer S.I. for

15 days.



3.           The learned Advocate for the applicant submits that

the sentence is short sentence and the fine amount is already

deposited. The applicant was on bail during the trial and he has

not misused the liberty given to him.


4.           The learned APP for Respondent/State has strongly

opposed the application stating that it is an offence under the

Corruption Act, involving moral turpitude. Looking to the fact

that the maximum substantive sentence imposed is 4 years and

the the appeal is not likely to be heard in the near future, this

Court is inclined to allow the application, hence the following

order :

                             ORDER

i) The application stands allowed and disposed 3 905appln3209.24

off.

(ii) The substantive sentence imposed upon the applicant by judgment and order dated 20.07.2024, passed by the Special Judge Usmababad, in Special Case (ACB) No. 12 of 2016 for the offences punishable under Sections 7, 13 (1) (d) r/w 13 (2) of the Prevention of Corruption Act is suspended.

(iii) The applicant shall be released on bail on executing PR bond and solvent surety in the sum of Rs.15,000/- (Rupees Fifteen Thousand).

(iv) The applicant shall keep informed the concerned police station about his contact details such as residential address, mobile number etc.

(v) In case of breach of any condition, this order is liable to be cancelled.

( KISHORE C. SANT ) JUDGE

mahajansb/