Rajesh Chandulal Shah vs Union Of India And Ors
2021 Latest Caselaw 4435 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CRIMINAL APPELLATE JURISDICTION

                  CRIMINAL I.A. NO. 851 OF 2021
                                IN
           CRIMINAL REVISION APPLICATION NO. 74 OF 2021

                                  WITH

                  CRIMINAL I.A. NO. 852 OF 2021
                                IN
           CRIMINAL REVISION APPLICATION NO. 74 OF 2021

Rajesh Chandulal Shah                            ....Applicant.

            Vs.

Union Of India & Ors.                            ....Respondents.

Mr. Mubin Solkar a/w Mr. Zarak Khan a/w Ms. Minal Khan i/by Tahera
Qureshi for the Appellant.
Mr. Kuldeep S. Patil for the Respondent No.1-CBI.

                                    CORAM : A. S. GADKARI, J.

DATE : 10th MARCH, 2021.

P.C.:-

These are Applications for suspension of sentence and releasing

the Applicant on bail.

2 Heard Mr. Solkar, learned counsel for the Applicant and Mr.

Kuldeep Patil for the Respondent No.1-CBI.

3 Applicant is Original Accused No.2 in Case No. 1045/PW/2009

(Old No.125/CP/2001) instituted by the Respondent No.1-CBI. The

Applicant, Rajesh Shah along with principal accused, have been convicted

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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 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 24th February 2021.

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5           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.

6 Mr.Solkar, 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.

7 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 he can be released on bail.

8           Hence, the following Order :-

           (i)    During the pendency of the present Revision, the

substantive sentence imposed upon the Applicant is

suspended.

(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

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Rs.20,000/- with one or two solvent local sureties in the

like amount.

9 Both the Applications are allowed in the aforesaid terms.

(A.S. GADKARI, J.)

Digitally signed by Sanjiv S.

Sanjiv S. Mashalkar Mashalkar Date: 2021.03.12 17:59:51 +0530