Bombay High Court
Suraj Mohan Kapoor vs Central Bureau Of Investigation on 25 March, 2022
Bench: R.P. Mohite-Dere
914a. IA 988 & 986-22 in REVN 134-2022.doc
Digitally signed
by RUPALI
RAJESH
RUPALI WAKODIKAR
RAJESH Date:
WAKODIKAR 2022.03.25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
16:15:48
+0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 988 OF 2022
(FOR SUSPENSION OF SENTENCE)
ALONGWITH
CRIMINAL INTERIM APPLICATION NO. 986 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 134 OF 2022
Suraj Mohan Kapoor ...Applicant
Versus
Central Bureau of Investigation ...Respondent
Mr. Manish Mazgaonkar for the Applicant.
Mr. Hiten S. Venegavkar for the Respondent No.1/CBI.
Mr. A.D.Kamkhedkar, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 25th MARCH, 2022
P.C. :
1. Heard learned Counsel for the parties.
2. By these applications, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal of
his revision application.
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914a. IA 988 & 986-22 in REVN 134-2022.doc
3. The applicant, vide judgment and order dated 05/12/2016
passed by the learned Additional Chief Metropolitan Magistrate, 3rd Court,
Esplanade, Mumbai, in C.C.No.1035/PW/2009 (Old No. 7/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 120B 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.
4 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 in Criminal Appeal No. 7 of 2017.
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914a. IA 988 & 986-22 in REVN 134-2022.doc
5. 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 him. 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.
6. Considering the aforesaid, the applications are allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending the
hearing and final disposal of his 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;
iii) The applicant shall keep the trial Court informed
of his current address and mobile contact number and/or change
of residence or mobile details, if any, from time to time;
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914a. IA 988 & 986-22 in REVN 134-2022.doc
7. The applications are accordingly disposed of.
8. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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