RAJENDRA GANPAT MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed for suspension of sentence and releasing the applicant on bail. The applicant has been convicted by learned Special Judge/ Additional Sessions Judge, Jalgaon under Prevention of Corruption Act in Special A.C.B. Case No.24 of 2015, on 25-09-2020. He has been sentenced thus :

(2.) Heard learned Advocate Mr. Joydeep Chatterji for the applicant and learned Additional Public Prosecutor Ms. R. P. Gour for respondent- State.

(3.) It has been vehemently submitted on behalf of the applicant that, the learned Special Judge has not appreciated the evidence properly and has come to a wrong conclusion. He failed to consider that, there was a previous financial transaction between the cousin brother of the complainant with accused. In fact on the day of trap the complainant had tried to contact the accused three to four times on mobile, however he was busy. But when the accused had gone to Panchayat Samity Office, complainant contacted him, and accused accepted that amount from him under the impression that it is the amount given by the cousin brother of the complainant. There appears to be a business rivalry and competition between the complainant and those persons who were involved in the similar business and, therefore, the accused has been implicated. The applicant has high hopes in his appeal. He was on bail throughout the trial. He has not misused the liberty. He is suffering from ailments. He is 48 % disabled. So also he has undergone coronary angioplasty in 2013 and still under treatment. It would take long time to reach his appeal and, therefore, till the appeal is decided, the sentence deserves to be suspended.