Bombay High Court
Rajula Chandrakant Mehta vs Central Bureau Of Investigation ... on 25 March, 2022
Bench: R.P. Mohite-Dere
IA 1015-2022 in REVN 139-2022.doc
Digitally
signed by
RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2022.03.25
17:45:23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 1015 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 139 OF 2022
Rujula Chandrakant Mehta ...Applicant
Versus
Central Bureau of Investigation and anr. ...Respondents
Mr. Rahul Agarwal for the Applicant.
Mr. Hiten S. Venegavkar for the Respondent No.1/CBI.
Mr. A.D.Kamkhedkar, A.P.P for the Respondent No.2-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 25th MARCH, 2022
P.C. :
1. Not on Board. Taken on Board.
2. Heard learned Counsel for the parties.
3. By this application, the applicant seeks suspension of her
sentence and enlargement on bail, pending the hearing and final disposal of
her revision application.
Wakodikar 1/4
IA 1015-2022 in REVN 139-2022.doc
4. The applicant, vide judgment and order dated 28 th February,
2017 passed by the learned Additional Chief Metropolitan Magistrate, 3 rd
Court, Esplanade, Mumbai, in C.C.No.1047/PW/2009 (First Old No.
8/P/1995, Second Old No. 8/CP/1998), has been convicted and sentenced
as under :-
- for the offence punishable under Section 420 of the Indian
Penal Code to suffer rigorous imprisonment for 3 years and to pay
fine of Rs.25,000/-, in default to undergo further simple
imprisonment for 3 months;
- for the offence punishable under Section 120-B of the Indian
Penal Code to suffer rigorous imprisonment for 6 months and to pay
fine of Rs.10,000/-, in default, to undergo further simple
imprisonment for one month;
All the substantive sentences were directed to run concurrently.
5 The said judgment and order of conviction and sentence was
upheld by the learned Special Judge, CBI, Greater Mumbai and as such, the
appeal preferred by the applicant, was dismissed vide judgment and order
dated 7th March, 2022 passed in Criminal Appeal No. 219 of 2017.
Wakodikar 2/4
IA 1015-2022 in REVN 139-2022.doc
6. It is not in dispute that the applicant was on bail pending trial
as well as during the appeal period and has not abused or misused the
liberty granted to her. The sentence awarded is a short term sentence. The
Revision Application has been admitted by a separate order passed today in
the aforesaid Revision Application. The same is not likely to be heard in
the immediate near future.
7. Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and she is enlarged on bail, pending the
hearing and final disposal of her Revision Application, on the following
terms and conditions :-
ORDER
i) The applicant be released on cash bail in the sum of
Rs.25,000/-, for a period of six weeks;
ii) The applicant shall within the said period of six
weeks, furnish P.R. Bond in the sum of Rs.25,000/-, with one or
two sureties in the like amount;
Wakodikar 3/4
IA 1015-2022 in REVN 139-2022.doc
iii) The applicant shall keep the trial Court informed
of her current address and mobile contact number and/or
change of residence or mobile details, if any, from time to time;
7. The application is accordingly disposed of.
8. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
Wakodikar 4/4
