Leeladhar Aithu Bangera vs The State Of Maharashtra And Anr
2021 Latest Caselaw 5586 Bom

 Nisha S.   Digitally signed by Nisha S.
            Chitnis

 Chitnis    Date: 2021.03.26 14:44:54
            +0530



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nsc.
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                           CRIMINAL INTERIM APPLICATION NO.1062 OF 2021
                                                      (For Suspension of Sentence)
                                                                  IN
                                                 CRIMINAL APPEAL NO.288 OF 2021
                                                                 WITH
                                           CRIMINAL INTERIM APPLICATION NO.1063 OF 2021
                                                               (For Bail)
                                                                  IN
                                                 CRIMINAL APPEAL NO.288 OF 2021

                 Leeladhar Aithu Bangera                                           ...Applicant
                      Versus
                 The State of Maharashtra and Anr.                                  ...Respondents

                 Ms. Shital Turakia, for the Applicant.

                 Mr. S. V. Gavand, A.P.P for the Respondent No.1- State.
                 Mr. H. S. Venegavkar, for the Respondent No.2 - CBI.

                                                           CORAM : REVATI MOHITE DERE, J.
                                                          DATE :      24th MARCH, 2021

                 P.C. :


                  1.                          At the outset, learned counsel for the applicant seeks leave to

                  delete prayer clause (b) in both the aforesaid applications, with liberty to

                  file a fresh application with respect to the said prayer clause. Leave with

                  liberty as prayed for, is granted. Amendment to be carried out forthwith.
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2.          Heard learned counsel for the parties.



3.          By these applications, the applicant seeks suspension of his

sentence and enlargement on bail, pending the hearing and final disposal

of the aforesaid appeal.


4.          The applicant vide Judgment and Order dated 23 rd February

2021, passed by learned Special Judge CBI, CBI, Special Court, City Civil

and Sessions Court, Greater Bombay, in CBI Special Case No. 13 of 2013,

has been convicted and sentenced as under:-

-     for the offence punishable under Section 120B of the Indian Penal

Code, to undergo rigorous imprisonment for 3 years and to pay fine of

Rs.5,000/- in default, to undergo simple imprisonment for 6 months;

-     for the offence punishable under Section 13(1)(e) r/w 13(2) of the

Prevention of Corruption Act, to undergo rigorous imprisonment for 3

years and to pay fine of Rs.5,000/- in default, to undergo simple

imprisonment for 6 months ;

-     for the offence punishable under Section 193 of the Indian Penal

Code, to undergo rigorous imprisonment for 2 years and to pay fine of

Rs.3,000/- in default, to undergo simple imprisonment for 3 months;

-     for the offence punishable under Section 468 r/w Section 471 of the
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Indian Penal Code, to undergo rigorous imprisonment for 2 years and to pay

fine of Rs.3,000/- in default, to undergo simple imprisonment for 3 months;

       All the aforesaid sentences were directed to run concurrently.


5.           The Appeal has 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. It is not in dispute

that the applicant was on bail pending trial and post his conviction his

sentence has been suspended. It is also not in dispute that whilst on bail,

the applicant has not abused or misused the liberty granted to him. It is

informed that the fine amounts have already been deposited by the

applicant. Statement accepted.


 6.              Considering the aforesaid, the applications are 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.20,000/- with one or two sureties in the like amount;

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ii)          The Applicant shall report to the trial Court, once in four

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.

7. The Applications are allowed in the aforesaid terms and are

accordingly disposed of.

8. All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.