Bombay High Court
Bhavani Prasad Naidu vs The State Of Maharashtra on 3 May, 2021
Bench: R.P. Mohite-Dere
12a. IA 1324-21 in APEAL 403-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1324 OF 2021
IN
CRIMINAL APPEAL NO. 403 OF 2021
Bhavani Prasad Naidu ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Prateek D. Sharma a/w Mr. Dujendrakumar H. Sharma for the
Applicant.
Mr. S.V.Gavand, A.P.P for the Respondent No.1-State.
None present for Respondent No.2/CBI.
CORAM : REVATI MOHITE DERE, J.
DATE : 3rd MAY, 2021
(Through Video Conferencing)
P.C. :
1. Learned Counsel for the applicant states that he has served the
Respondent No.2/CBI. Statement accepted.
2. Despite service, none appears for the Respondent No.2/CBI.
3. Heard learned Counsel for the parties.
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4. By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal of
his appeal.
5. The applicant alongwith other co-accused, vide judgment and
order dated 23/02/2021 passed by the learned Special Judge (CBI), Court
Room No.53, Greater Bombay, in CBI Special Case No.80 of 2014, has
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 Prevention of
Corruption Act, 1988, to suffer simple imprisonment for 1 year and to
pay fine of Rs.25,000/-, in default to undergo further simple
imprisonment for 2 months.
6. It appears that the applicant was on bail, pending trial and even
post conviction, his sentence has been suspended by the Trial Court. It is
not in dispute that whilst on bail, the applicant has not abused or misused
the liberty granted to him. The appeal has been admitted by a separate
order passed today in the aforesaid appeal. Despite notice, none appears
for the Respondent No.2/CBI. The sentence awarded is a short term
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sentence. The appeal is not likely to be heard in the immediate near future.
7. 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.15,000/- 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
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of bail.
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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