Vijaya Madhavan Nair vs The Director, Central Bureau Of ...
2023 Latest Caselaw 5330 Bom

2023:BHC-AS:15161

                                                                      22-ia-1884-2023-APEAL-590-2023.doc




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO.1884 OF 2023
                                                       IN
                                         CRIMINAL APPEAL NO. 590 OF 2023

                    Vijaya Madhavan Nair                            ...Applicant/Appellant
                          Versus
                    The Director, Central Bureau of
                    Investigation And Anr.                          ...Respondents
                                                             ....
                    Mr.Viresh Purwant, Advocate for the Applicant/Appellant.
                    Mr.Kuldeep Patil, Advocate/Special P. P. for Respondent No.1.
                    Mr.Y. M. Nakhwa, APP for the Respondent - State.

                                                             ....
                                            CORAM      :      PRAKASH D. NAIK, J.
                                            DATE       :      8th JUNE, 2023.

                    PER COURT:

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

                    bail during the pendency of appeal.

                    2.        The applicant has been convicted for offence punishable

                    under Section 120-B of Indian Penal Code (for short "IPC") and

                    sentenced to suffer imprisonment for one year. He is also convicted

                    for offence under Section 420 r/w Section 120-B of IPC and

                    sentenced to suffer imprisonment of two years.                He is further

                    convicted for offence under Sections 13(2), r/w Section 13(1)(d)

                    of the Prevention of Corruption Act and sentenced to suffer

                    imprisonment of two years and to pay fine of Rs.5,000/-.

                    Sajakali Jamadar                       1 of 2




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                                                         22-ia-1884-2023-APEAL-590-2023.doc




 3.        The sentence is of short term. The appeal may not come up

 for hearing immediately.             Considering the grounds urged in the

 appeal         and   the      aforesaid    circumstances,    the     sentence        of

 imprisonment can be suspended.

                                           ORDER

i. Interim Application No. 1884 of 2023 is allowed;

ii. The substantive sentence of imprisonment imposed vide Judgment and order dated 28.03.2023 passed by learned Special Judge, (CBI) and Sessions Court, Gr. Mumbai in C.B.I. Special Case No.30 of 2003 is suspended and the applicant is directed to be released on same bail as in the trial Court with fresh bond;

iii. Interim Application stands disposed of accordingly.

                                                 (PRAKASH D. NAIK, J.)




 Sajakali Jamadar                           2 of 2