Chandramohan Appa Khot vs Central Bureau Of Investigation ...
2023 Latest Caselaw 6270 Bom

2023:BHC-AS:18075

                 D.A.Ethape                                                   9-IA-2302-2023.doc

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                                   INTERIM APPLICATION NO. 2302 OF 2023
                                                    IN
                                     CRIMINAL APPEAL NO. 726 OF 2023

            Chandramohan Appa Khot                                  ...Applicant
                  Versus
            Central Bureau Of Investigation And Anr.                ...Respondents

                                                     ....
            Mr. P G Sabnis Advocate for Appellant.
            Mr. Shreeram Shirsat, Special P.P. with Anna Oommen for
            Respondent/CBI.
            Mr. Y. M. Nakhwa, APP for the Respondent - State.

                                                     ....

                                                    CORAM : PRAKASH D. NAIK, J.
                                                      DATE :   3rd JULY, 2023.
            P.C.:-

            1.        This is an application for suspension of sentence and grant of bail

            during the pendency of Criminal Appeal No. 726 of 2023 preferred by the

            applicant challenging the judgment and order dated 9 th May 2023 passed by

            learned Special Judge, CBI for Greater Bombay in Special Case No.52 of

            2016 convicting him for the offence punishable under Section 109 of Indian

            Penal Code read with 13(2) read with Section 13(1) (e) of Prevention of

            Corruption Act, 1988 and sentencing him to suffer simple imprisonment for

            a period of two years and pay fine of Rs. 25,000/-.




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       D.A.Ethape                                                     9-IA-2302-2023.doc

2.       The applicant was on bail during the trial. The sentence of

imprisonment has been suspended by the trial Court on the date of

conviction for a temporary period.

3.       Learned Advocate for the applicant submitted that, the wife of

applicant, who has been convicted by the same judgment preferred

application for suspension of sentence and grant of bail which has been

allowed by order dated 12th June 2022.

4.       Learned Advocate for Respondent/CBI submitted that, based on the

evidence adduced during the trial, the applicant has been convicted for the

offences.

5.       Considering the fact that, the sentence is of short term. The applicant

was on bail during the trial and the sentence has been suspended for

temporary period by the trial Court, this application is required to be

allowed.

                                   ORDER

(i) Interim Application No. 2302 of 2023 is allowed.

(ii) The substantive sentence of imprisonment imposed vide

Judgment and order dated 9th May 2023 passed by learned

Special Judge, CBI for Greater Bombay in Special Case No.52 of

2016 is suspended and the applicant is directed to be released on

same bail granted by the trial Court with fresh bond.

(iii) Applicant shall report CBI, ACB, Mumbai once in six months on

D.A.Ethape 9-IA-2302-2023.doc

every first Saturday of the month between 11:00 am to 1:00 pm

till final disposal of Criminal Appeal.

(iv) Interim Application stands disposed off.

(PRAKASH D. NAIK, J.)