Milind Shamsundar Birje vs Cbi Acb Mumbai And Anr
2021 Latest Caselaw 14505 Bom

                     Megha                             7_apeal_791_2021 & IA_2339_2021.doc

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION
        Digitally

MEGHA
        signed by
        MEGHA S
        PARAB
                                   INTERIM APPLICATION NO.2339 OF 2021
S
PARAB
        Date:
        2021.10.06
        10:49:16
                                                   IN
        +0530
                                     CRIMINAL APPEAL NO.791 OF 2021

                     Milind Shamsundar Birje                         ...Applicant
                                   Versus
                     CBI ACB Mumbai and Anr.                       ...Respondents
                                                         ....
                     Mr. V.N. Shingnapurkar for the Applicant.
                     Mr. Kuldeep Patil, Spl.Counsel for Respondent No.1/CBI
                     Mr. Ajay Patil, APP for Respondent-State.


                                                 CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 5th OCTOBER, 2021.

P.C.:-

By this application under Section 389 of the Code of Criminal

Procedure, 1973, the Applicant herein has sought suspension of

sentence pending hearing of the appeal, imposed by judgment dated

16/09/2021 passed by learned Special Judge, CBI, Greater Bombay, in J-

CBI Spl. Case No.23 of 2016 and to enlarge the Applicant on bail.

2. Heard learned counsel for the Applicant, learned APP for the

Respondent-State and learned special counsel for Respondent -CBI.

Perused the records.

Megha 7_apeal_791_2021 & IA_2339_2021.doc

3. By the impugned judgment, the Applicant has been held

guilty of ofence under Sections 7 and 13(2) r/w 13(1)(d) of the

Prevention of Corruption Act, 1988. The maximum sentence imposed is

of four years and fne. Learned counsel for the Applicant states that

fne amount has already been deposited.

4. The sentence is a short term sentence. Considering the

large pendency and also considering the present situation arising due to

Covid-19 pandemic, it will not be possible to hear the appeal in

immediate future.

5. Considering the above facts, the application is allowed on

following terms and conditions:-

(i) The substantive sentence imposed vide judgment dated

16/09/2021 passed by learned Special Judge, CBI,

Greater Bombay, is suspended pending disposal of the

appeal;

(ii) The Applicant be released on cash bail in the sum of

Rs.20,000/- for a period of two months.

(iii) The Applicant shall within the said period of two

months, furnish PR bonds in the sum of Rs.20,000/-

with one or two sureties in the like amount.

Megha 7_apeal_791_2021 & IA_2339_2021.doc

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

three months on the day/date specifed by the Trial

Court;

(v) 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;

(vi) If there are two consecutive defaults in appearing

before the Trial Court, the learned Judge shall make

report to the High Court and the prosecution would be

at liberty to fle an application seeking cancellation of

bail;

6. The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)