1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Appeal No. 460/2011 Prabhakar S/o Mahadeo Kumbhare vs.. State of Maharashtra through Anti Corruption Bureau Chandrapur, Distt. Chandrapur Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A. K. Bhangde, Advocate for the Applicant Mr. C. N. Adgokar, A.P.P. for the Non-Applicant. CORAM : U.V. BAKRE, J. DATED : 11.10.2011. 1. Heard learned counsel for the parties. 2. Learned Advocate for the Applicant took me through the cross-examination of PW-1. I have found that there are arguable points in the matter. 3. Admit. 4. Call for Record and Proceedings. 5. Learned A.P.P. waives notice on behalf of the respondent. Criminal Application No. 659/2011 (APPA) 1. Heard Mr. A. K. Bhangde, learned Advocate for the Applicant and Mr. C. N. Adgokar, learned A.P.P. for the Non- Applicant. 2 2. The applicant has been convicted for the offence punishable under Section 7 of Prevention of Corruption Act, 1988 and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs. 5,000/- (Rs. Five Thousand), in default, to suffer rigorous imprisonment for three months. 3. The applicant is also convicted for the offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 5,000/- (Rs. Five Thousand), in default, to suffer rigorous imprisonment for three months. 4. Both the sentence have been ordered to run concurrently 5. It is seen that the applicant has already deposited the fine amount of Rs. 10,000/- before the trial Court and the trial Court has suspended the sentence for a period of 30 days. It is also seen that the applicant was on bail during the trial. Considering the fact that the disposal of the appeal may take long time, in the interest of justice, the substantive sentence of imprisonment requires to be suspended. 6. In the result, the application is allowed. 3 7. Pending the final disposal of the appeal, the operation of the impugned sentence of imprisonment is suspended and the applicant shall be released on bail upon execution of personal recognition bond in the sum of Rs. 30,000/- (Rs. Thirty Thousand) with one solvent surety in the like amount. 8. Application stands disposed of accordingly. Hamdast allowed. JUDGE Punde.