Subraya Rama Hegde @ S. R. Hegde vs The C. B. I., A. C. B. And Anr
2021 Latest Caselaw 15858 Bom

P.H. Jayani                                        24 IA2634.2021.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 2634 OF 2021
                                  IN
                   CRIMINAL APPEAL NO. 888 OF 2021

Subraya Rama Hegde @ S.R.
Hegde                                           .... Applicant
            v/s.
The C.B.I., A.C.B., Pune
and anr.                                        .... Respondents

Mr. Dinesh P. Adsule for the Applicant.
Mr. H.S. Venegaonkar for Respondent No.1/CBI.
Mr. N.B. Patil, APP for the State - Respondent No.2.


                            CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 16th NOVEMBER, 2021.

P. C. :-

. This is an Application under Section 389 of Cr.P.C. filed by the

aforesaid Applicant seeking suspension of substantive sentence

imposed by judgment dated 05/10/2021 in Special (CBI, ACB) Case

No.09/2018. By the impugned judgment, the learned Special Judge,

(CBI-ACB), Pune has held the Applicant guilty of offence under sections

420, 468 r/w. section 120-B and section 120-B of the Indian Penal Code

and under section 13(1)(d) r/w. section 13(2) of Prevention of

Corruption Act and sentenced him to undergo maximum imprisonment

P.H. Jayani 24 IA2634.2021.doc

of five years with fine of Rs.50,000/- each in default to undergo simple

imprisonment for one year.

2. The sentence imposed is a short term imprisonment. Appeal has

been admitted. Considering the large pendency of the cases and also

the situation arising from Covid-19 pandemic, it will not be possible to

take up the Appeal in immediate future. The Applicant was on bail

during the pendency of the trial and he has not misused the liberty.

Considering the above facts and circumstances so also the nature of

accusations, this is a fit case for suspension of substantive sentence

pending hearing of the Appeal. Hence, the Interim Application is

allowed on following terms and conditions :-

(a) Execution of substantive sentence imposed against the

Applicant by judgment dated 05/10/2021 in Special (CBI,

ACB) Case No.09/2018, is suspended pending hearing of the

Appeal ;

(b) The Applicant shall be released on bail on furnishing

P.R. Bonds in the sum of Rs.20,000/- with one or two solvent

sureties in the like amount to the satisfaction of the Trial

Court ;

                       P.H. Jayani                                               24 IA2634.2021.doc

                                    (c)      The Applicant shall report to the Trial Court once in

two months on the day/date specified by the Trial Court, till

the Appeal is finally disposed of ;

(d) The Applicant shall keep the trial Court informed of

his current address and mobile/contact numbers and/or

change of residence or mobile details, if any, from time to

time ;

(e) 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

application seeking cancellation of bail.

3. Interim Application stands disposed of accordingly.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by PREETI H JAYANI Date: 2021.11.17 15:00:32 +0530