Roopchand Sawantraj Jain vs Central Bureau Of Investigationa ...
2022 Latest Caselaw 7779 Bom

                                                                            13-IA-2551-2022-IN-REVN-310-2022.doc




                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION

                                             INTERIM APPLICATION NO.2551 OF 2022
                                                              IN
                                         CRIMINAL REVISION APPLICATION NO. 310 OF 2022

                              Roopchand Sawantraj Jain                               ...Applicant
                                    Versus
                              Central Bureau Of Investigationa And Anr.              ...Respondents

                                                                    ....
                              Mr. Milan Desai a/w Ms. Dhwani Shah a/w Ms. Sayli Sawant, Advocate
                              for the Applicant.
                              Mr. H. S. Venegavkar, Special P. P. for Respondent No.1 - CBI.
                              Mr. Arfan Sait, APP for the Respondent - State.

                                                                    ....

                                                   CORAM      :        PRAKASH D. NAIK, J.
                                                   DATE       :        10th AUGUST, 2022.

                              PER COURT:

                              1.        The applicant has been convicted vide judgment and order

                              dated 2nd February, 2016 passed by learned Additional Chief

                              Metropolitan Magistrate, 19th Court, Esplanade Mumbai, passed in

                              C.C. No.773/PW/2009 for offences punishable under Sections

                              120-B/ r/w Sections 420, 467, 468 & 471 of Indian Penal Code (for

                              short "IPC") and maximum sentence of imprisonment was awarded

                              by three years. The judgment of the trial Court was challenged

                              before the Sessions Court by preferring appeal which has been

                              dismissed by judgment and order dated 4th July, 2022.
           Digitally signed
           by SAJAKALI
SAJAKALI   LIYAKAT
           JAMADAR
LIYAKAT    Date:              Sajakali Jamadar                    1 of 3
JAMADAR    2022.08.12
           11:02:13
           +0530
                                                  13-IA-2551-2022-IN-REVN-310-2022.doc




2.        learned Advocate for the applicant submitted that the

sentence of imprisonment is of short term.               There are serious

discrepancies in the evidence adduced before the trial Court. The

appellate Court has mechanically confirmed the conviction. The

applicant was on bail during the trial as well as during the

pendency of appeal, the applicant has been taken in custody on

4th July, 2022. Fine awarded by the trial Court has been deposited

before the trial Court.

3.        Learned counsel for Respondent- CBI submitted that there

are two concurrent findings of the trial Court and the appellate

Court.

4.        Considering the fact that the sentence is of short term,

applicant was on bail during the trial and pendency of appeal and

factual aspects of the matter, sentence of imprisonment can be

suspended.

5.        Hence, I pass the following order:

                                    ORDER

i. Interim Application No.2551 of 2022 is allowed;

ii. The sentence of imprisonment imposed vide Judgment and order dated 2nd February, 2016 passed by learned Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai in C.C. No.773/PW/2009 and confirmed

Sajakali Jamadar 2 of 3 13-IA-2551-2022-IN-REVN-310-2022.doc

by Sessions Court vide judgment and order dated 4 th July, 2022 passed in Criminal appeal No.284 of 2016 is suspended during pendency of Criminal Revision Application No.310 of 2022 and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

iii. The applicant is permitted to furnish cash bail in the sum of Rs.25,000/- for a period of six weeks in lieu of surety.

iv. The applicant shall attend the trial Court once in six months on first Saturday of the month till the final disposal of the appeal;

v. In the event, there are two consecutive defaults in attending the trial Court, the said fact may be brought to the notice of this Court and in such eventuality, the prosecution will be at liberty to prefer an application for cancellation of bail.

vi. Interim Application stand disposed of accordingly.

                                            (PRAKASH D. NAIK, J.)




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