2408apeal405.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO. 405 OF 2011 AND CRI. APPLICATION (APPA) NO. 538/2011 & 539/2011 IN CRI. APPEAL NO. 405/2011 (Dilip Sakharam Thakhre Vs. State of Maharashtra) ................................................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders .......................................................................................................................................................................................... Shri R. Dhore, Advocate for applicant. Shri M. A. Kadu, A.P.P. for the State. CORAM : U. V. BAKRE, J. DATED : 24TH AUGUST, 2011 1. Heard. 2. Admit. 3. Call for R. & P. CRI. APPLN. NO. 538/11 : 1. The applicant, who was working as Assistant Public Prosecutor in the Court of Judicial Magistrate, First Class, Washim, has been convicted of the offence under Section 7 of the Prevention of Corruption Act and sentenced to suffer R.I. for six months and to pay fine of Rs.1,000/-, in default, to suffer further R.I. for two months. He has been further convicted of the offence under Section 13(2) read with 13(i) (d) of the Prevention of Corruption Act to suffer R.I. for one year and to pay fine of Rs. 2,000/-, in default, to suffer further R.I. for four months. The substantive sentence of imprisonment have been ordered to run 2408apeal405.11.odt 2/2 concurrently. 2. The learned Advocate for the applicant submits that fine amount has been deposited before the trial Court and that throughout the period of trial, the applicant was on bail and the bail continues till 30/8/2011. It is contended that he never misused the bail granted to him. 3. Perused the impugned judgment and order. 4. Considering the fact and circumstances of the case, the execution of the sentence of imprisonment is suspended until final disposal of the appeal. In the meantime, the applicant/appellant shall be released on bail upon execution of personal recognition bond of Rs.20,000/- (rupees twenty thousand only) with one solvent surety in the like amount. CRI. APPLN. NO. 539/11 : 1. Heard. 2. The learned A.P.P. for the respondent vehemently objects the application and the learned Advocate for the applicant does not press for the relief. 3. Since the appellant was a public servant who has been found guilty of corruption, it would not be proper to stay the effect of the judgment and order. 4. Hence, the application stands rejected. 5. Hamdast granted. JUDGE wwl