Shekhar Madhukar Khomane vs The Central Bureau Of ...
2023 Latest Caselaw 161 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.11 OF 2023
                                                   IN
                                      CRIMINAL APPEAL NO.1 OF 2023

                     Shekhar Madhukar Khomane                            ..Applicant

                          Versus
                     The Central Bureau of Investigation & Anr.          ..Respondents
                                                __________

                     Mr. Tejas Mane, for the Applicant.
                     Mr. Aayush Kedia i/b H.S. Venegavkar for CBI/Respondent No.1.
                     Smt. M. R. Tidke, APP for State/Respondent No.2.
                                                 __________

                                              CORAM : SARANG V. KOTWAL, J.
                                              DATE : 5th JANUARY 2023
                     PC :

                     1.            This is an application for releasing the Applicant on

                     bail during pendency of his Appeal. The Applicant was convicted

                     and sentenced by learned Special Judge (CBI-ACB), Pune, vide his

                     Judgment and order dated 14/12/2022 in Special (ACB) Case No.

                     09/2019. The applicant was convicted for commission of an

                     offence punishable under section 7 of the Prevention of Corruption

                     Act. He was sentenced to suffer R.I. for three years and to pay a

                     fine of Rs.50000/- and in default of payment of fine to suffer S.I.
        Digitally
        signed by
        VINOD
VINOD   BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
        2023.01.06
        15:04:11      Gokhale
        +0530
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for three months.


2.          The prosecution case is that the applicant was an

Income Tax officer. He demanded Rs.1 lakkh as bribe amount from

one of the partners of M/s. Brightera Builders for giving favourable

assessment order. The prosecution case is that, a trap was laid and

the bribe money was found in a file on the table of the applicant.

His hands also showed phenolphthalein powder.


3.          Learned counsel for the applicant submitted that the

applicant was on bail during trial and he has not misused the

same. The Applicant does not have criminal antecedents. The

Applicant was granted bail U/s.389 of the Cr.p.c. even after his

conviction. He further submitted that the applicant had not

accepted or demanded any bribe amount. The amount was kept in

a file by the complainant without is knowledge. The complainant

wanted to derive benefit by making allegations against the

applicant so that his tax liability is not assessed properly.


4.          Learned counsel for the Respondent No.1 opposed this

application on merits. However, he conceded that the sentence
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awarded is short.


5.         I have considered these submissions. All the points

raised by learned counsel for the applicant will have to be decided

during final hearing stage of the Appeal preferred by the applicant.

However, the Appeal is not likely to be decided within a short

period of three years. The applicant was on bail during trial and

even after his conviction he was granted bail U/s.389 of the Cr.p.c.

Therefore, the applicant can be granted bail pending his appeal.


6.         Hence, the following order:


                                       ORDER

i) During pendency and final disposal of Criminal

Appeal No. 01 of 2023, the Applicant is directed

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

in the sum of Rs.30000/- with one or two sureties

in the like amount.

ii) The Application is disposed of.

(SARANG V. KOTWAL, J.)