Bombay High Court
Devendra Chaturvedi S/O ... vs The Central Bureau Of ... on 31 August, 2021
Bench: Prakash Deu Naik
27-IA-714-2020-in-appeal-228-2020-aw-ia-773-2020-in-apeal-221-2020-aw-ia-701-2020-apeal-222-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 773 OF 2020
IN
CRIMINAL APPEAL NO.221 OF 2020
Devendra Chaturvedi S/o
Raghunath Chaturvedi ... Applicant
Versus
The Central Bureau of Investigation and Anr. ... Respondents
ALONG WITH
INTERIM APPLICATION NO. 701 OF 2020
IN
CRIMINAL APPEAL NO.222 OF 2020
Miss Hoor C. Jhurani ... Applicant
Versus
The Central Bureau of Investigation and Anr. ... Respondents
ALONG WITH
INTERIM APPLICATION NO. 714 OF 2020
IN
CRIMINAL APPEAL NO.228 OF 2020
Sayaji l. Sangle ... Applicant
Versus
The Central Bureau of Investigation and Anr. ... Respondents
.....
Ms. Sonal Parab i/by Mr. Rajeev Sawant & Associates , Advocate for
the Appellant in Appeal No. 228 of 2020 and I.A. No. 714 of 2020.
Mr. Vinay J. Bhanushali, Advocate for the Appellant in Appeal No.
221 of 2020 and I.A. No. 773 of 2020.
Mr. Sayaji D. Nangre, Advocate for the Appellant in Appeal No. 222
of 2020 & I. A. No. 701 of 2020.
Ms. Amita Kuttikrishnan, Advocate for C.B.I. in all matters.
Mr. Y. Y. Dabake, APP for the Respondents - State in all matters.
.....
Sajakali Jamadar 1 of 4
27-IA-714-2020-in-appeal-228-2020-aw-ia-773-2020-in-apeal-221-2020-aw-ia-701-2020-apeal-222-2020.doc
CORAM : PRAKASH D. NAIK, J.
DATE : 31st AUGUST, 2021
PER COURT:
1. The applicants in all these applications are seeking
suspension of sentence and grant of bail. The applicants have
preferred respective appeals challenging the Judgment of
conviction dated 20th December, 2019 passed by Special Judge,
(CBI) in CBI Special Case No. 89 of 2000. The applicants were
original accused Nos. 1, 2 & 3 are convicted for offences under
Sections 420, 467, 468, 471 r/w Section 120-B of Indian Penal
Code. The accused No.1 is sentenced to suffer rigorous
imprisonment for three years for each offence and to pay fine of
Rs.1,50,000/- for each offence. The accused No. 2 is sentenced to
suffer rigorous imprisonment for two years for each offence and to
pay fine of Rs.40,000/- for each offence. The accused No.3 is
sentenced to suffer rigorous imprisonment for six months for each
offence and to pay fine of Rs.8,000/- for each offence.
2. Pursuant to Judgment of conviction, the sentence of
imprisonment was suspended by trial Court vide order dated 20 th
December, 2019 to enable them to prefer appeal. The applicants
were directed to be released on bail on execution personal bond of
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27-IA-714-2020-in-appeal-228-2020-aw-ia-773-2020-in-apeal-221-2020-aw-ia-701-2020-apeal-222-2020.doc
Rs.25,000/- each and cash surety of Rs.25,000/- each.
3. Learned Advocate for the respective applicants
submitted that the applicants have surrendered before the trial
Court today and hence prayed for suspension of sentence and
continuation of bail granted by the trial Court. It is submitted that
the entire fine amount has been deposited by all the applicants.
4. The applicants were on bail during the trial. The
sentences is for a short term. The conviction is under challenge.
According to the applicants they have good case on merits.
Learned counsel for respondents submitted that although the
applicants are on bail during the trial now they have been
convicted. Considering the fact that the applicants are on bail
during the trial, and even after the conviction, sentence was
suspended to enable them to prefer an appeal, the case for
suspension of sentence and grant of bail is made out.
5. Hence, I pass the following order:
ORDER
(i) Interim Application Nos. 714 of 2020, 773 of 2020 and
701 of 2020 are allowed;
(ii) The sentence of imprisonment awarded by learned
Special Judge, (C.B.I.) Greater Bombay, vide Judgment and
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27-IA-714-2020-in-appeal-228-2020-aw-ia-773-2020-in-apeal-221-2020-aw-ia-701-2020-apeal-222-2020.doc
order dated 20th December, 2019 is suspended pending
appeal and the applicants are directed to be released on bail
on executing P.R. Bond in the sum of Rs.25,000/- each with
one or more sureties in the like amount;
(iii) The applicants be released on cash bail executed by the
applicants pursuant to order dated 20th December, 2019 for a
period of 8 weeks and within that period the applicants shall
execute surety bond as stated herein above;
(iv) Applicants shall appear before trial Court and mark their
presence, once in six months;
(v) Interim Applications stand disposed of accordingly.
(vi) Parties to act upon authenticated copy of this order.
(PRAKASH D. NAIK, J.)
Digitally signed
by SAJAKALI
SAJAKALI LIYAKAT
JAMADAR
LIYAKAT Date:
JAMADAR 2021.08.31
13:44:09
+0530
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