Bombay High Court
Ramesh Suraj Bax Singh vs Central Bureau Of Investigation ... on 21 June, 2021
Bench: R.P. Mohite-Dere
9a. IA 1438-2021 in APEAL 463-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1438 OF 2021
IN
CRIMINAL APPEAL NO. 463 OF 2021
Ramesh Suraj Bax Singh ...Applicant
Versus
Central Bureau of Investigation
and Anr. ...Respondents
Mr. Ankit Rajput i/b Mr. Rajesh Jain for the Applicant.
Ms. Ameeta Kuttikrishnan for the Respondent No.1/CBI.
Mr. S.V.Gavand, A.P.P for the Respondent No.2-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 21st JUNE, 2021
(Through Video Conferencing)
P.C. :
1. Heard learned Counsel for the parties.
2. By this application, the applicant (Original accused No.5)
seeks suspension of his sentence and enlargement on bail, pending the
hearing and final disposal of his appeal.
3. The applicant (Original accused No.5) alongwith other co-
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9a. IA 1438-2021 in APEAL 463-2021.doc
accused, vide judgment and order dated 24th March, 2021 passed by the
learned Special Judge for CBI, Greater Bombay in CBI Special Case No.
21 of 2002, has been convicted and sentenced as under :-
- for the offence punishable under Section 420, 466, 467, 468
and 471 read with 120-B of the Indian Penal Code to suffer rigorous
imprisonment for 2 years for each of the offence and to pay fine of
Rs.75,000/- each i.e. a total amount of Rs.4,50,000/-, in default to undergo
further simple imprisonment for 6 months.
All the substantive sentences were directed to run concurrently.
4 Learned Counsel for the applicant (Original accused No.5)
submits that the applicant was on bail, pending trial and even post his
conviction, his sentence has been suspended. He further submits that he
has not abused or misused the liberty granted to him whilst on bail.
5. The sentence awarded is a short term sentence. The appeal has
been admitted by a separate order passed today in the aforesaid appeal.
The same is not likely to be heard in the immediate near future. The
applicant was on bail pending the trial and even post his conviction, his
sentence was suspended by the Trial Court.
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9a. IA 1438-2021 in APEAL 463-2021.doc
6. Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending the
hearing and final disposal of his appeal, on the following terms and
conditions :-
ORDER
i) The applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.25,000/- with one or two sureties in the like amount;
ii) The applicant shall report to the trial Court, once in six months
on the day/date specified by the trial Court, till his appeal is finally
disposed of;
iii) The applicant shall keep the trial Court informed of his
current address and mobile contact number 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
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.
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9a. IA 1438-2021 in APEAL 463-2021.doc
7. Learned Counsel for the applicant also prays that the direction
to pay fine be suspended. At this stage, it is not necessary to consider the
said prayer. However, liberty is granted to the applicant to file a separate
application seeking suspension of payment of fine.
8. The application is accordingly disposed of.
9 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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