Shrikant Govind Padale vs Central Bureau Of Investigation ...
2023 Latest Caselaw 5698 Bom

2023:BHC-AS:16099

                                                                     7-IA-2119-2023-in-APEAL-660-2023.doc




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO.2119 OF 2023
                                                       IN
                                         CRIMINAL APPEAL NO. 660 OF 2023

                    Shrikant Govind Padale                           ...Applicant/Appellant
                          Versus
                    Central Bureau Of Investigation & Anr.           ...Respondents
                                                      ....
                    Mr. Vinay Bhanushali a/w Mr. Sanmit Vaze, Advocate for the Applicant/
                    Appellant.
                    Mr. Y. M. Nakhwa, APP for the Respondent - State.

                                                             ....

                                            CORAM      :        PRAKASH D. NAIK, J.
                                            DATE       :        16th 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 Section 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




                ::: Uploaded on - 17/06/2023                         ::: Downloaded on - 17/06/2023 21:16:58 :::
                                                        7-IA-2119-2023-in-APEAL-660-2023.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. 2119 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