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High CourtsSingle Bench(2022) 10 BOM CK 0026

Maruti B. Naik vs State Of Goa Thr. Cbi Goa And Anr

Bombay High Court · Decided on 3 October 2022

HON’BLE JUDGES
G.S. Kulkarni, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application No.589 Of 2022 (F), Criminal Appeal No.588 Of 2022 (F)

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Judgment

11 paragraphs · 349 words

G. S. Kulkarni, J

1.

The applicant stands convicted for an offence punishable under Section 7 of the Prevention of Corruption Act and has been sentenced to undergo simple imprisonment for a period of six months and to pay fine of Rs.25,000/- and in default to undergo further simple imprisonment for a period of two months. The applicant also stands convicted for an offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced to undergo simple imprisonment for a period of one year and to pay fine of Rs.75,000/- and in default to undergo further simple imprisonment for a period of four months and sentences to run concurrently.

2.

The above appeal is admitted by separate order passed today.

3.

I have heard the learned Counsel for the applicant and learned Special Public Prosecutor for the respondents on this application.

4.

It is informed by the learned Counsel for the applicant that during the pendency of the trial, the applicant was arrested on 16 July 2015 and later released on bail by an order dated 21 July 2015 passed by the Court of Special Judge, North Goa, Panaji, in Bail Application no. 20 of 2015. Thus, during the trial the applicant-accused was on bail.

5.

As the appeal is now admitted, in the facts and circumstances of the case, the execution of the substantive sentence will be required to be suspended. Hence, the following order :

(i) The execution of the substantive sentence is hereby suspended subject to the applicant furnishing a PR bond in the sum of Rs.25,000/- along with one or two solvent sureties in the like amount.

(ii) Bail bonds to be furnished before the Special Court, Panaji.

(iii) During the pendency of the appeal, the applicant shall report before the Court on first Monday of every month as also, provide on affidavit the address and other details before the Special Court.

6.

The Misc. Civil Application stands disposed of in the above terms.

7.

Let the appeal be listed for hearing on 21 November 2022 at 2.30 p.m.