Bombay High Court
Ganesh Jagganath Kolhe And Ors vs The C. B. I., A. C. B., Gpoa And Anr on 27 January, 2022
Bench: Prakash Deu Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2695 OF 2021
IN
CRIMINAL APPEAL NO.915 OF 2021
Ganesh Jagannath Kolhe & Ors. .. Applicants/Appellants
Versus
The C.B.I., A.C.B. and Anr. .. Respondents
......
Mr.Nitesh Mohite i/b. Mr.Sachin T. Zalte, Advocate for the Applicants/
Appellants.
Ms.P.N. Dabholkar, APP for the Respondent - State.
Mr.H.S. Venegaonkar, Spl. P.P. for CBI.
......
CORAM : PRAKASH D. NAIK, J.
DATED : JANUARY 27, 2022.
P.C. :
This is an application for suspension of sentence and
grant of bail, pending criminal Appeal No.915 of 2021.
2 The applicants were convicted for the offence punishable
under Section 420 read with Section 120-B of IPC and sentenced to
suffer rigorous imprisonment for three years and to pay fne of
Rs.50,000/-, each. Applicant no.1 is also convicted for the offence
punishable under Section 468 read with Section 120-B of IPC, and,
sentenced to undergo rigorous imprisonment for three years and to
Digitally
signed by
RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER
AHER Date:
2022.01.28
18:30:54
+0530
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pay fne of Rs.50,000/-. Both the sentences of imprisonment were
directed to run concurrently.
3 The fne amount imposed on both the counts have been
deposited by the appellant before the trial Court.
4 The sentence imposed against the applicants by the trial
Court is of a short term. Appeal may not come up for hearing within
short span of time. Vide order dated 1st December, 2021, the sentence
was suspended till the next date. The trial Court has suspended the
sentence after conviction till 5th November, 2021. The said relief was
continued by this Court. In view of the above, the relief sought in this
application can be granted.
5 Hence, I pass the following order:
:: O R D E R ::
(i) Interim Application No.2695 of 2021, is allowed;
(ii) During the pendency of Criminal Appeal No.915 of 2021, the
sentence of imprisonment imposed vide judgment and
order dated 5th October, 2021, passed by Special Judge
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(CBI-ACB), Pune, in Special Case No.9 of 2018, is suspended
and the applicants/appellants are directed to be released
on bail on executing P.R. Bond in the sum of Rs.25,000/-,
each, with one or more sureties in the like amount;
(iii) Applicants/appellants are permitted to furnish cash bail
security of Rs.25,000/-, each, for a period of ten weeks, in
lieu of surety;
(iv) Applicants/appellants shall attend the trial Court once in
six months on frst Saturday of the month between 11:00
a.m. to 01.00 p.m.;
(vi) In the event of two consecutive defaults in attending the
trial Court by the applicants/appellants, the prosecution is
at liberty to move an application for cancellation of bail;
(vi) Interim Application No.2695 of 2021, stands disposed of
accordingly.
(PRAKASH D. NAIK, J.)
