BABANRAO SHANKAR GHOLAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under section 389 of Code of Criminal Procedure, 1973 seeking suspension of conviction during pendency of the appeal. Applicant no. 1 herein is convicted for an offence punishable under section 13 (1) (e) r/w 13 (2) of Prevention of Corruption Act, 1988 and sentenced to suffer rigorous imprisonment for 3 years and fine of Rs. 1,00,000/- by Special Judge, vide Judgment and order dated 21/03/2014 in Special ACB case no. appampendrive

(2.) Being aggrieved by the said Judgment and Order, applicants herein have filed an appeal. Appeal is admitted. The substantive sentence of the applicants is suspended. Applicant no. 1 was sitting member of Legislative Assembly of the State Legislature of Maharashtra on the date of Judgment. To consider the application seeking suspension of conviction, it would be necessary to consider the rival submissions advanced by the learned counsel for the applicants and learned Government Pleader representing the State.

(3.) Submissions of the learned counsel for the applicant as follows.