KANUBHAI PURSHOTTAMBHAI PAREKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application filed by the applicant- original accused No.1, a request is made to suspend the order of sentence dated 2.8.2021 passed in Special Case No.2 of 2020 (old Case No.3 of 2005) tried by learned Special Judge (ACB), Valsad.

(2.) The applicant-accused was charged for the offences punishable under the provisions of the Prevention of Corruption Act, 1988 and after the trial of the case, learned Special Judge (ACB), Valsad was pleased to convict the applicant for the offences punishable under Section 7 of the Prevention of Corruption Act, 1988 and sentenced him to undergo R.I. for 4 years and pay fine of Rs.25,000/- and in case of default of payment of fine, to suffer further S.I. for 6 months. The applicant was also convicted for the offences punishable under Sections 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to undergo R.I. for 4 years and pay fine of Rs.25,000/- and in case of default of payment of fine, to suffer further S.I. for 6 months and the said sentences were ordered to run concurrently.

(3.) It is the case of the applicant that there is a strong case and having found merit in the appeal, which has been filed by the applicant- accused, being Criminal Appeal No.1136 of 2021, the Court was pleased to admit the appeal vide order dated 24.8.2021 and issued Rule in the present application for seeking suspension of sentence.