Sunil B. Jadhav S/O Bhujangrao ... vs Central Bureau Of Investigation ...
2021 Latest Caselaw 17778 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NOI. 3129 OF 2021
                                                     IN
                                           APPEAL NO. 1035 OF 2021

                        Vasant Manaji Parkhe                            ..Applicant

                                   v/s.
                        Central Bureau of Investigation
                        & Anr.                                          ..Respondent/s

                                                   WITH
                                    INTERIM APPLICATION NO. 3133 OF 2021
                                                     IN
                                          APPEAL NO. 1036 OF 2021

                        Sunil B. Jadhav s/o. Bhujangrao Jadhav          ..Applicant

                                   v/s.
                        Central Bureau of Investigation
                        & Anr.                                          ..Respondent/s

                        Mr. Pravin D. Patel for the Appellants/Applicants .
                        Mr. Kuldeep Patil for the Respondent No.1/CBI.
                        Mr. P.H.Gaikwad, APP for the Respondent-State.

                                                CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 21st DECEMBER, 2021.

P.C.

1. The Applicants herein have filed these Applications under

Section 389 Cr. P.C. for suspension of sentence imposed by

judgment dated 22.11.2021 in CBI Special Case No. 28 of 2005, Digitally signed by PRASANNA P PRASANNA P SALGAONKAR SALGAONKAR Date:

Gr.Mumbai. By the impugned judgment the Applicants, who were 2021.12.21 15:13:54 +0530

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accused Nos.3 and 4 have been held guilty of offences under

Section 13(1)(d) r/w. 13(2) of Prevention of Corruption Act and

have been sentenced to undergo rigorous imprisonment for one

year and to pay fine of Rs.1,00,000/- each i.d. to suffer simple

imprisonment for 3 months.

2. Heard learned Counsel for the Applicants and the learned

APP for the State. Perused the records and considered the

submissions advanced by the learned Counsels for the respective

parties.

3. The Appeals are admitted. The records reveal that the

Applicants have been sentenced to undergo short term

imprisonment of One year. The Appeals are of the year 2021 and

are not likely to come up for final hearing in the next couple of

years due to large pendency of old cases, and the current situation

arising from COVID 19 pandcemic. Hence, rejection of the

applications will result in the Applicants undergoing the sentence

of imprisonment even before the Appeals are heard on merit.

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4. The Applicants were on bail during pendency of the trial.

There is nothing on record to indicate that the Applicants have

violated the terms and conditions of the order. Hence, in my

considered view, this is a fit case to suspend the sentence pending

the disposal of the Appeals on merit. Hence the Applications are

allowed on the following terms and conditions:-

i) Sentence imposed against the Applicant Nos.3 and 4 by

judgment dated 22.11.2021 in CBI Special Case No. 28 of 2005,

Gr.Mumbai is suspended pending hearing of the Appeals;

ii) The Applicants are ordered to be released on bail on

furnishing P.R. Bond in the sum of Rs.20,000/- (Rupees Twenty

Thousand Only) each with one or two solvent sureties in the like

amount, to the satisfaction of the Trial Court;

iii) The Applicants shall deposit 50% of the fine amount before

the trial Court within three weeks;

Iv) The Applicants shall report to the Trial Court once in two

months on the day/ date specified by the Trial Court, till the

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Appeals are finally disposed of;

v) The Applicants shall keep the trial Court informed of their

current address and mobile/contact numbers and/or change of

residence or mobile details, if any, from time to time.

vi) If there are two consecutive defaults in appearing before the

trial Court, the learned Judge shall make a report to the High

Court and the prosecution would be at liberty to file application

seeking cancellation of bail.

. Both Applications are accordingly disposed of.

(ANUJA PRABHUDESSAI, J.)

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