Dileep Ramchandra Deshpande vs C.B.I., Bs And Fc, Mumbai And Anr
2023 Latest Caselaw 5464 Bom

2023:BHC-AS:15611


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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.1894 OF 2023
                                                    IN
                                      CRIMINAL APPEAL NO.598 OF 2023

                    Dileep Ramchandra Deshpande                                  Applicant
                           versus
                    CBI, BS & FC, Mumbai and others                              Respondents

                    Mr.Tejas Muzumdar i/by Mr.Ashish Gabhale, Advocate for Applicant.
                    Mr.Kuldeep Patil, Special P.P for CBI.
                    Mr.Y.Y.Dabake, APP, for State.

                                               CORAM :    PRAKASH D. NAIK, J.

                                               DATE   :   12th June 2023
                    PC :


                    1.     This is an application for suspension of sentence and grant of
                    bail. The applicant has been convicted for offence u/s.120B of IPC
                    and sentenced to suffer imprisonment for six months and pay fine of
                    Rs.50,000/-. He is further convicted for the offence u/s.13(1)(d)
                    punishable u/s.13(2) of Prevention of Corruption Act and sentenced
                    to suffer imprisonment of one year and pay fine of Rs.50,000/-. The
                    applicant is also convicted for the offence u/s.420 r/w 120B of IPC
                    and sentenced to suffer imprisonment for three years and pay fine of
                    Rs.1,00,000/-.


                    2.     Applicant was on bail during trial. The Trial Court on the date
                    of sentence had suspended the sentence and suspension of sentence
                    was continued by this Court vide order dated 23 rd May 2023 till 15th
                    June 2023. The entire fine amount imposed by the Trial Court has
                    been deposited by the applicant before Trial Court. Considering the




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 fact that sentence is of short term and the appeal may not reach for
 hearing immediately and the grounds urged in this appeal, the
 sentence of imprisonment can be suspended.


                                  ORDER

(i) Interim Application is allowed and disposed off;

(ii) The sentence of imprisonment imposed vide Judgment and Order dated 3rd April 2023 in CBI Special Case No.131 of 2009 by Special Judge (CBI), Greater Bombay, is suspended and applicant is directed to be released on bail on the same bail amount as stipulated by Trial Court with fresh bounds,

(iii) The applicant shall report Superintendent of Police, CBI, BS & FC, Mumbai, once in six months on first Saturday of the month between 11 am and 1 pm till final disposal of Criminal Appeal.

(PRAKASH D. NAIK, J.) MST