Ram Morey vs The State Of Maharashtra
2021 Latest Caselaw 15318 Bom

Citation : 2021 Latest Caselaw 15318 Bom
Judgement Date : 26 October, 2021

Bombay High Court

Ram Morey vs The State Of Maharashtra on 26 October, 2021

Bench: Anuja Prabhudessai

P.H. Jayani                                 18 APEALST16675.2021.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL APPEAL NO. 787 OF 2021
                                WITH
                 INTERIM APPLICATION NO. 2323 OF 2021
                                WITH
                 INTERIM APPLICATION NO. 2324 OF 2021
                                  IN
                   CRIMINAL APPEAL NO. 787 OF 2021

Ram Morey                                     .... Appellant
           v/s.
CBI, EOW, Mumbai                              .... Respondent

                                WITH
                   CRIMINAL APPEAL NO. 770 OF 2021
                                WITH
                 INTERIM APPLICATION NO. 2491 OF 2021
                                  IN
                    CRIMINAL APPEAL NO.770 OF 2021

Nandkumar Karnik                              .... Appellant
            v/s.
C.B.I and anr.                                .... Respondents

                                WITH
                   CRIMINAL APPEAL NO. 815 OF 2021
                                WITH
                 INTERIM APPLICATION NO. 2401 OF 2021
                                  IN
                    CRIMINAL APPEAL NO.815 OF 2021

Neela Samant                                  .... Appellant
           v/s.
The CBI, EOW, Mumbai                      .... Respondent


                                 WITH
                 CRIMINAL APPEAL (ST.) NO.16675 OF 2021
                                 WITH
               INTERIM APPLICATION (ST.) NO.16677 OF 2021
                                 WITH

                                    1/5
 P.H. Jayani                                    18 APEALST16675.2021.doc

              INTERIM APPLICATION (ST.) NO. 16680 OF 2021
                                 IN
                CRIMINAL APPEAL (ST.) NO.16675 OF 2021

Jayant s/o. Mukund Bijapurkar                    .... Appellant/applicant
            v/s.
The Central Bureau of Investigation,
Economic Offences Branch,
Mumbai                                           .... Respondent


Mr. S.S. Dube for the Appellant in APEALST/16675/2021.
Mr. Ashish Chavan i/b. Mr. Kunal Shinde for the Appellant
in APEAL/787/2021.
Mr. C.K. Talekar for the Appellant in APEAL/770/2021.
Mr. Manohar Kandalkar a/w. Mr. Harihar Bhave i/b.
Mr. Chaitanya Kotnis for the Appellant in APEAL/815/2021.
Mr. Kuldeep Patil for CBI/Respondent No.1.
Mr. P.H. Gaikwad, APP for the State.


                         CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 26th OCTOBER, 2021.

P. C. :-

ORDER IN INTERIM APPLICATION (ST.) NOS.16677 OF 2021 & 16680

OF 2021 :-

. Not on board. Taken on board.

2. These are the Applications filed under Section 389 of Cr.P.C. by the

aforesaid Applicant for suspension of substantive sentence imposed by

judgment dated 30/08/2021 passed by the Special Judge (CBI), Greater

Bombay in CBI Special Case No.75/2011 and grant of bail.

P.H. Jayani 18 APEALST16675.2021.doc

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

offence under Sections 120-B, 420, 468, 471 of the Indian Penal Code and

Section 13(1)(d) r/w. 13(2) of Prevention of Corruption Act. He has been

sentenced to undergo rigorous imprisonment for two years and to pay fine

of Rs.4,00,000/- in default simple imprisonment for six months in respect

of offences under sections 420, 468 and 471 of the IPC ; rigorous

imprisonment for six months and to pay fine of Rs.4,00,000/- in default to

undergo simple imprisonment for two months in respect of offence

punishable under section 120-B of the Indian Penal Code ; and rigorous

imprisonment for one year and to pay fine of Rs.4,00,000/- in default to

undergo simple imprisonment for three months in respect of offence

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

Act.

4. Mr. S.S. Dube, learned counsel for the Applicant in Criminal Appeal

(St.) No.16675/2021 submits that he has deposited the entire fine

amount of Rs.20,00,000/- before the trial Court and that he has been

protected by the trial Court till date.

5. In view of the said statement and payment of fine amount and

considering that the sentence imposed is a short term imprisonment of

two years, the substantive sentence is suspended pending hearing of the

P.H. Jayani 18 APEALST16675.2021.doc

Appeal. Hence, the Interim Applications are allowed on following terms

and conditions :-

(a) Execution of substantive sentence imposed against the

Applicant by judgment dated 30/08/2021 passed by the Special

Judge (CBI), Greater Bombay in CBI Special Case No.75/2011, 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.15,000/- with one or two solvent

sureties in the like amount to the satisfaction of the Trial Court ;

(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

P.H. Jayani 18 APEALST16675.2021.doc

the High Court and the prosecution would be at liberty to file

application seeking cancellation of bail.

6. Interim Application (St.) Nos.16677/2021 & 16680/2021 stand

disposed of accordingly.

ORDER IN CRIMINAL APPEAL NOS.787/2021 & 815/2021 & CRIMINAL

APPEAL (ST.) NO.16675/2021 :-

7. Heard. Admit. Call for the record and proceedings. Paper book to

be filed within a period of six months. Mr. Kuldeep Patil, learned counsel

waives service on behalf of Respondent No.1/CBI. Mr. P.H. Gaikwad,

learned APP waives service on behalf of the State.

ORDER IN CRIMINAL APPEAL NOS.770/2021, 787/2021 & 815/2021 :-