Bombay High Court
Benudhar Adiandh Samal And Anr vs Central Bureau Of Investigation ... on 5 February, 2021
Bench: R.P. Mohite-Dere
Digitally
signed by
Shagufta Shagufta Q.
Pathan
Q. 8-IA-367-2021.doc
Date:
Pathan 2021.02.06
18:10:00
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 367 OF 2021
IN
CRIMINAL APPEAL NO. 111 OF 2021
1. Benudhar Adinath Samal
2. Jyothsnamayee Benudhar Samal ...Applicants
Versus
Central Bureau of Invetigation & Anr. ...Respondents
Mr. Vijay Bahadur Singh for the Applicants
Mr. Sandesh D. Patil, Spl. P.P. for the Respondent No. 1
Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent No.2-State
CORAM : REVATI MOHITE DERE, J.
FRIDAY, 5th FEBRUARY 2021
P.C. :
1 Heard learned counsel for the parties.
2 By this application, the applicants seek suspension of their
sentences and enlargement on bail, pending the hearing and final disposal
of the appeal.
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3 The applicants vide judgment and order dated 7th January 2021,
passed by learned Special Judge (CBI), Mumbai, in CBI Special Case
No.92 of 2011, have been convicted and sentenced as under:-
- for the offence punishable under Section 13(2) r/w 13(1)(e) of the
Prevention of Corruption Act, applicant No. 1 was sentenced to suffer
simple imprisonment for 3 years and to pay fine of Rs.50,000/- in default,
to undergo simple imprisonment for 3 months;
- for the offence punishable under Section 109 of the Indian Penal
Code r/w Section 13(2) r/w 13(1)(e) of the Prevention of Corruption Act,
applicant No. 2 was sentenced to suffer simple imprisonment for 2 years
and to pay fine of Rs.30,000/- in default, to undergo simple imprisonment
for 2 months.
4 Learned counsel for the applicants states that the applicants
were on bail pending trial and post their conviction, their sentences have
been suspended to enable the applicants to file an appeal.
5 Perused the papers. It is not in dispute that whilst on bail, the
applicants have not misused the liberty granted to them. The appeal has
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been admitted by a separate order passed today and the same is not likely to
come up for the hearing in the immediate near future. The sentence
awarded is a short term sentence.
6 Considering the aforesaid, the application is allowed and the
applicants' sentences are suspended and the applicants are enlarged on bail,
pending the hearing and final disposal of the appeal, on the following terms
and conditions :-
ORDER
i) The applicants be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.25,000/- each, with one or two sureties in the like amount;
ii) The applicants shall report to the trial Court, once in three
months on the day/date specified by the trial Court, till their appeal is
finally disposed of;
iii) The applicants shall keep the trial Court informed of their
current addresses and mobile contact numbers and/or change of residence
or mobile details, if any, from time to time;
iv) If there are two consecutive defaults in appearing before the
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trial Court, the learned Judge shall make a report to the High Court and the
prosecution would be at liberty to file an application seeking cancellation
of bail.
7 The application is disposed of accordingly.
8 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 4/4
