Anup Kumar Sinha vs Union Of India And Anr
2022 Latest Caselaw 6301 Bom

CAJ                                                                6-IA-1982.2022.odt



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                            CRIMINAL APPELLATE JURISDICTION

                        INTERIM APPLICATION NO. 1982 OF 2022
                                          IN
                            CRIMINAL APPEAL NO. 644 OF 2022


Anup Kumar Sinha                                               ... Applicant/Original
                                                                  Accused No.12
     V/s.
Union of India And Anr.                                        ... Respondents

Mr. Aditya Gore for Applicant.
Mr. Hiten Venegaonkar for Respondent No.1.
Mr. Ajay Patil, APP for Respondent No.2-State.

                                          CORAM : A.S. GADKARI, J.

DATE : 5th July 2022.

P.C. :

This is an Application for suspension of sentence and releasing

the Applicant on bail.

2. Applicant is original Accused No.12. Applicant has been convicted

under Sections 420, 465, 467, 468, 471 read with Section 120-B of Indian

Penal Code and under Section 13(1)(d) read with Section 13(2) of the

Prevention of Corruption Act, 1988 and is sentenced to suffer maximum

rigorous imprisonment for three years and to pay a total fine of Rs.7,00,000/-

by the Special Judge (CBI), Greater Bombay, Mumbai in CBI Special Case

No.97 of 2011 along with CBI Special Case No.28 of 2014 by its Judgment

CAJ 6-IA-1982.2022.odt

and Order dated 15th June, 2022.

3. Mr. Gore, learned Advocate for the Applicant submitted that, the

Applicant was on bail during the pendency of trial and there is no report of

breach of any of the conditions imposed upon him. He further on instructions

submitted that, the Applicant has already deposited entire fine amount in the

Registry of the trial Court. The maximum sentence imposed upon the

Applicant is three years of rigorous imprisonment. Possibility of hearing

present Appeal on its own merits in near future is remote. This Court

therefore is of the view that, during the pendency of Appeal the substantive

sentence imposed upon the Applicant can be suspended and he can be

released on bail.

4. Hence, the following Order :-

(i) Applicant/Accused No.12 in CBI Special Case No.97

of 2011 along with CBI Special Case No.28 of 2014

be released on bail on his furnishing P. R. bond of

Rs.50,000/- with one or more solvent local sureties

in the like amount.

(ii) Applicant is permitted to furnish cash bail for a

period of 12 weeks and during the said period he is

directed to comply with the condition of furnishing

solvent sureties.

CAJ 6-IA-1982.2022.odt

(iii) During the pendency of the appeal, Applicant is

directed to attend office of Respondent No.1 on

every first Monday of the month initially for a period

of 1 year and thereafter on every first Monday of

every 3rd month, i.e. 4 times in a year.

5. Application is allowed in the aforesaid terms.

[A.S. GADKARI, J.]