Ambica Shivaji Naidu vs The Union Of India And Anr
2021 Latest Caselaw 5587 Bom

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

                 CRIMINAL INTERIM APPLICATION NO.982 OF 2021
                                    IN
                      CRIMINAL APPEAL NO.254 OF 2021

       Ambica Shivaji Naidu                                 ...Applicant
           Versus
       Union of India and Anr.                              ...Respondents

       Mr. Girish Kulkarni i/b Mr. M. G. Shukla, for the Applicant.

       Mr. H. S. Venegavkar, for the Respondent No.1.

       Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent No.2- State.

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

       P.C. :


       1.             Heard learned counsel for the parties.


       2.             By this application, the applicant seeks suspension of her

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

       of her appeal.



       3.             The applicant alongwith other co-accused vide Judgment and

       Order dated 23rd February 2021, passed by learned Special Judge (CBI),




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Court Room No.53, Greater Bombay, in CBI Special Case No. 80 of 2014

(Old CBI Special Case No.114 of 2009) have been convicted and sentenced

as under:-

-         for the offence punishable under Section 109 of the Indian Penal

Code r/w Section 13(2) r/w Section 13(1)(e) of the Prevention of

Corruption Act, to suffer simple imprisonment for 1 year and to pay fine of

Rs.25,000/- each, in default of payment of fine, to undergo further simple

imprisonment for 2 months.


4.                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 her conviction her

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 her.


5.                Considering the aforesaid, the application is allowed and the

applicant's sentence is suspended and she is enlarged on bail, pending the

hearing and final disposal of her Appeal, on the following terms and

conditions :-




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                                          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;

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

months on the day/date specified by the trial Court, till her Appeal is

finally disposed of;

iii) The Applicant shall keep the trial Court informed of her

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.

6. The Application is allowed in the aforesaid terms and is

accordingly disposed of.

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

REVATI MOHITE DERE, J.