Uday Singh Meena vs The Central Bureau Of ...
2023 Latest Caselaw 3760 Bom

2023:BHC-AS:11695

                                                1/2                         14.1 IA-1373-23.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION
                                INTERIM APPLICATION NO.1373 OF 2023
                                                      IN
                                  CRIMINAL APPEAL NO.432 OF 2023


               Uday Singh Meena                                ..     Applicant
                                      Versus
               The Central Bureau of Investigation             ..     Respondents
               & Anr.


                                                      ...

               Mr.Anil Lalla with Mr.Adity Singh i/b Lalla & Lalla for the
               Applicant.
               Mr.Shreeram Shirsat for the Respondent No.1/C.B.I.
               Mr.S.R.Agarkar, A.P.P. for the State.
                                                      ...

                                         CORAM: BHARATI DANGRE, J.

DATED : 17th APRIL, 2023

P.C:-

1. By the present Application, the Applicant seeks suspension of sentence imposed on him in CBI Special Case No.78 of 2014 by the Special Judge for CBI, thereby convicting him for the offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. Upon conviction, he has been sentenced to suffer R.I. for one year and to pay of Rs.5,000/-, in default to undergo S.I. for 15 days. The Applicant is also convicted for committing the

M.M.Salgaonkar

2/2 14.1 IA-1373-23.odt

offence under Sections 120-B and 418 of IPC and sentenced to suffer R.I. for three months. The substantive sentences are directed to run concurrently.

2. Considering the fied term of sentence imposed upon the Applicant by the impugned judgment, in the wake of the decision of the Apei Court in Bhagwan Rama Shinde Gosai & Ors. Vs. State of Gujarat (1999) 4 SCC 421, the sentence deserve to be suspended.

Accordingly, the sentence imposed on the Applicant vide judgment dated 27/02/2023 in CBI Spl.Case No.78 of 2014, is hereby suspended.

In the wake of the above, the Applicant also deserve his release on bail. Since, it is informed that the bail bond is already furnished by the Applicant very recently, when the CBI Special Judge released him on bail, subject to the same bail bond, he is released on bail.

Interim Application stands disposed off in the aforestated terms.

3. Since it is informed by the learned counsel for the Applicant that due to anti corruption case, he stood suspended from service and, subsequently dismissed, hearing of the Appeal is eipedited. The Registry is directed to eipedite the process of calling for R & P and preparation of the paper-book.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar