Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973-Section 389 Prevention of Corruption Act 1988-Sections 13(1)(e) and 13(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973-Section 389-Suspension of Sentence and grant of bail-Conviction and sentence by Trial Court under Prevention of Corruption Act-Accused also convicted under the Act in another case on previous occasion-Prayer for suspension of sentence and grant of bail rejected by High Court on the ground that fine imposed was not deposited-Relevance of forfeiture of attached property and effect and relevance of other case not considered-Fine deposited subsequent to decision-On appeal, held: Suspension of sentence and grant of hail should not be granted as a matter of routine-In the facts of the present case High Court directed to reconsider the application considering the effect and relevance of the other case and relevance of the forfeiture of the property-Prevention of Corruption Act, 1988-Sections 13(1)(e) and 13(2). Bail and Suspension of sentence-Difference between. Appellant-accused was tried under Section 13(1)(e) r/w Section 13(2) of Prevention of Corruption Act, 1988 for being in possession of property disproportionate to his known source of income. Trial Court convicted him for the offences and sentenced him accordingly. In appeal to High Court, appellant prayed for suspension of sentence and grant of bail. High Court rejected the prayer on the ground that the fine imposed had not been deposited by the appellant Respondent-State contended that in a previous case (Special Case No. 99 of 1996) appellant had faced trial with two others wherein he was convicted and sentenced for the offences punishable u/ss. 13(1)(c), 13(1)(d) r/w Section 13(2) of the Act and Section 120 and 409 IPC, hence in this background no interference was called for. Appellant contended that the fine had been deposited subsequent to the decision of the High Court and that his conviction in the other case was not one of the factors for rejecting the prayer. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 209 |
Petitioner | Vasant Tukaram Pawar |
Respondent | State Of Maharashtra |
SCR | [2005] 3 S.C.R. 630 |
Judgement Date | 2005-04-15 |
Case Number | 558 |
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