Jignesh Rajendra Bhatt vs Central Bureau Of Investigation ...
2021 Latest Caselaw 6420 Bom

      This Order is modified/corrected by Speaking to Minutes Order dated 07/06/2021


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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                            CRIMINAL APPELLATE JURISDICTION

                      INTERIM APPLICATION NO. 1102 OF 2021
                                       IN
                  CRIMINAL REVISION APPLICATION NO. 90 OF 2021

Jignesh Rajendra Bhatt                                                   ... Applicant
                 V/s.
Central Bureau of Investigation & Anr.                                   ... Respondents


Mr.Subhash Jha i/b. Law Global for Applicant.
Ms.Ameeta Kuttikrishnan for Respondent No.1-CBI.
Mr.S.S. Hulke, A.P.P. for Respondent No.2-State.

                                                CORAM : A.S. GADKARI, J.

DATE : 9th April 2021.

P.C. :

This is an application for suspension of sentence and releasing the

Applicant on bail.

2. The Applicant is original Accused No.2 in C.C. No.1015/PW/2009

(Old C.C. No.07/CP/1999).

The Applicant has been convicted under Section 420, 471, and

120-B of the Indian Penal Code and was directed to suffer maximum simple

imprisonment for 3 years and to pay a total fine of Rs.15,000/- by the Addl.

Chief Metropolitan Magistrate, 3rd Court, Esplanade, Mumbai in C.C.

No.1015/PW/2009 (Old C.C. No.07/CP/1999).

Criminal Appeal No. 613 of 2011 filed by the Applicant has

This Order is modified/corrected by Speaking to Minutes Order dated 07/06/2021

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dismissed by the learned Special Judge (CBI), Gr. Mumbai by its Judgment

and Order dated 2nd March 2021.

3. Mr.Jha, learned counsel for the Applicant, on instructions,

submitted that, the Applicant has already deposited the entire fine amount in

the Registry of the Trial Court. He on instructions further submitted that, the

Applicant was on bail during trial so also during the pendency of the appeal

and there is no report of breach of any of the conditions imposed upon him.

4. The sentence imposed upon the Applicant is a short term

sentence. The possibility of hearing the present Appeal on its own merits in

near future is remote. In view thereof, the sentence imposed upon the

Applicant can be suspended and he can be released on bail.

5. Hence, the following Order :-

(i) During the pendency of the present Appeal, the substantive sentence imposed upon the Applicant is suspended.

(ii) Applicant be released on bail in C.C. No.1015/PW/2009 (Old C.C. No.07/CP/1999) on his furnishing P.R. bond of Rs.25,000/-, with one or two local sureties in the like amount.

6. Application is allowed in the aforesaid terms.

[A.S. GADKARI, J.]