Bankesh Bhavsar S/O Baldev ... vs The State Of Maharashtra And Anr
2022 Latest Caselaw 519 Bom

                                                                          15. Ia-785-2019-W-786-2019-in- Apeal-1407-2019.doc




                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                                 INTERIM APPLICATION NO. 785 OF 2019
                                                               WITH
                                                 INTERIM APPLICATION NO. 786 OF 2019
                                                                 IN
                                                   CRIMINAL APPEAL NO.1407 OF 2019

                              Bankesh Bhavsar S/o. Baldev Bhavsar                                  ...Applicant/
                                                                                                   Appellant
                                            Versus
                              State of Maharashtra & Anr.                                          ...Respondents
                                                                          ....
                              Mr. Manish Bhora i/by A. S. Khan & Associates, Advocate for the
                              Applicant/Appellant.

                              None for Respondent No.2.

                              Mr. Arfan Sait, APP for the Respondent - State.


                                                       CORAM      :        PRAKASH D. NAIK, J.

                                                       DATE       :        14th JANUARY, 2022.

                              PER COURT:

1. Both these applications are seeking suspension of

sentence and grant of bail pending criminal Appeal No.1407

of 2019.

2. The applicant-appellant has been convicted for

offence under Section 24(2) of the Securities and Exchange

Board of India Act, 1992 and sentenced to suffer rigorous

imprisonment for one month and to pay fine of Rs.5,00,000/-.

It was further directed that out of total fine amount of Digitally signed by SAJAKALI SAJAKALI LIYAKAT JAMADAR LIYAKAT JAMADAR Date:

           2022.01.15
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15. Ia-785-2019-W-786-2019-in- Apeal-1407-2019.doc

Rs.5,00,000/-, the accused shall pay Rs.4,50,000/- to

Securities and Exchange Board of India as compensation and

amount of Rs.50,000/- shall be deposited in the Court towards

fine.

3. Sentence of imprisonment was suspended by the

trial Court to enable the applicant/appellant to prefer appeal

challenging the judgment before the higher Court.

4. Learned counsel for the applicant-appellant

submitted that the amount of Rs.50,000/- has been deposited

in the trial Court as per directions of the trial Court in

accordance with judgment and order dated 23rd September,

2019.

5. It is further submitted that the applicant-

appellant has been convicted in a similar case and the said

judgment of conviction has been challenged by the appellant

before this Court in Criminal Appeal No.1408 of 2019. The

applicant has also preferred an application for suspension of

sentence and grant of bail. In the said appeal/applications,

this Court granted interim relief to the applicant vide order

dated 13th November, 2019 by continuing the order of

suspension of sentence by the trial Court till the next date.

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15. Ia-785-2019-W-786-2019-in- Apeal-1407-2019.doc

6. Since the Advocate for the respondent is not

present, these applications are required to be adjourned.

However, in the meantime order of suspension of sentence

passed by the trial Court is continued till the next date of

hearing.

7. Stand over to 14th February, 2022.

                                         (PRAKASH D. NAIK, J.)




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