Tapan Shah vs The State Of Maharashtra
2021 Latest Caselaw 4201 Bom

Citation : 2021 Latest Caselaw 4201 Bom
Judgement Date : 8 March, 2021

Bombay High Court

Tapan Shah vs The State Of Maharashtra on 8 March, 2021

Bench: A.S. Gadkari

osk                                                             20-IA-St-4424-2021 & 4422-2021.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CRIMINAL APPELLATE JURISDICTION

              INTERIM APPLICATION (ST.) NO. 4424 OF 2021
                                WITH
              INTERIM APPLICATION (ST.) NO. 4422 OF 2021
                                 IN
             CRIMINAL REVISION APPLICATION NO. 70 OF 2021

Tapan Shah                                                      ... Applicant
      V/s.
The State of Maharashtra & Anr.                                 ... Respondents


Mr.Manish Bohra i/b. Mr.P.H. Israni for Applicant.
Mrs.Rutuja Ambekar, A.P.P. for Respondent No.1-State.


                                          CORAM : A.S. GADKARI, J.

DATE : 8th March 2021.

P.C. :

These are applications for suspension of sentence and releasing

the applicant on bail.

2. Heard Mr.Bohra, learned counsel for the applicant and

Mrs.Ambekar, learned A.P.P. for the respondent No.1-State.

3. The applicant is original accused No.1 in Case No.

1045/PW/2009 (Old No.125/CP/2001) instituted by the respondent No.2-

CBI. The applicant - Tapan Shah along with co-accused - Rajesh Shah have

been convicted under Section 120-B read with 420 of the Indian Penal Code

and were sentenced to undergo simple imprisonment of 5 years and to pay a

osk 20-IA-St-4424-2021 & 4422-2021.odt

total fine of Rs.5,000/- each, in default of payment of fine to further undergo

simple imprisonment for 3 months; were also convicted under Section 420 of

IPC and sentenced to undergo simple imprisonment for a period of 5 years

and to pay a fine of Rs.5,000/- each, in default of payment of fine to further

undergo simple imprisonment for 3 months; were also convicted under

Section 468 of IPC and sentenced to undergo simple imprisonment for a

period of 5 years and to pay a fine of Rs.5,000/- each, in default of payment

of fine to further undergo simple imprisonment for 3 months and were also

convicted under Section 471 of IPC and sentenced to undergo simple

imprisonment for a period of 5 years and to pay a fine of Rs.5,000/- each, in

default of payment of fine to further undergo simple imprisonment for 3

months, by the learned Additional Chief Metropolitan Magistrate, 3 rd Court,

Esplanade, Mumbai in CC No.1045/PW/2009 by its Judgment and Order

dated 13th July 2017. The Trial Court had also directed that, all the sentences

to run concurrently.

4. In an appeal bearing Criminal Appeal No. 474 of 2017 preferred

by the applicant, the learned Special Judge (CBI), Greater Mumbai, while

confirming the conviction of the applicant, was pleased to modify the

substantive sentence imposed upon him by its Judgment and Order dated 24 th

February 2021.

osk 20-IA-St-4424-2021 & 4422-2021.odt

The Appellate Court has directed the applicant to suffer 2 years of

simple imprisonment instead of 5 years of simple imprisonment for the

offence punishable under Sections 120-B, 420, 468 read with 120-B of I.P.C..

The appellant is also sentenced to suffer 2 years of simple imprisonment for

the offence punishable under Section 471 of I.P.C.. Except the said

modification, the Appellate Court has confirmed and maintained the

Judgment and Order passed by the Trial Court.

5. Mr.Bohra, learned counsel for the applicant submitted that, the

applicant has already deposited entire fine amount in the Trial Court. He

further submitted that, during the pendency of the trial so also in appeal, the

applicant was released on bail and there is no report of breach of any of the

conditions imposed upon him.

6. The sentence imposed upon the applicant is a short term

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

near future is remote.

In view thereof, the sentence imposed upon the applicant can be

suspended and the applicant can be released on bail.

7. Hence, the following Order :-

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

osk 20-IA-St-4424-2021 & 4422-2021.odt

(ii) Applicant be released on bail in C.C. No.1045/PW/2009 (Old No.125/CP/2001) on his furnishing P.R. bond of Rs.20,000/- with one or two solvent local sureties in the like amount.