Sandeep Patil @ Tudor Richard ... vs The Central Bureau Of ...
2023 Latest Caselaw 11558 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION

              INTERIM APPLICATION NO. 571 OF 2023
                             IN
                CRIMINAL APPEAL NO.211 OF 2023

Sandeep Patil @ Tudor Richard Niamey @.... Applicant /
Suresh Nagraj                              Appellant
     Versus
The Central Bureau of Investigation and .... Respondents
anr.
                            .....

Mr. Veerdhaval Deshmukh a/w Mr. A. V. Konde-Deshmukh for the Applicant / Appellant.

Mr. Kuldeep Patil for the CBI.

Mr. A. R. Patil, Addl. P.P. for the Respondent - State.

.....

CORAM : NITIN B. SURYAWANSHI, J

DATED : 8 November 2023

P.C. :

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

bail during the pendency of the Criminal Appeals preferred by

the applicant challenging the judgment and conviction.

2. Applicant is convicted by the Special Judge (CBI-ACB)

Pune in Spl. Case No.142 of 2021 under Sections 120B, 420,

465, 468, 471 of the Indian Penal Code, 1860 and sentenced to

suffer fve years of rigorous imprisonment and to pay fne.

Vina Khadpe
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3. Heard learned counsel for the applicant, learned counsel

for the CBI and learned Addl. PP for the respondent - state.

4. Perused the record. Admittedly, the applicant has already

undergone two years and ten months of imprisonment out of

fve years of substantial sentence of imprisonment imposed on

him. It is submitted on behalf of the applicant that the fne

amount is already deposited.

5. Learned counsel appearing for the CBI strenuously

opposed the application by contending that the applicant was

absconding for more than thirteen years and therefore he does

not deserve any relief. Upon instructions, he states that the

residential address of the wife and daughter of the applicant is

verifed by CBI and the same is given by the wife which is

mentioned in the Aadhar Card. Both, the wife and daughter are

residing on the said address. Learned counsel further submits

that in case this Court is inclined to consider favorably the

application, then the stringent conditions may be imposed on

the applicant.

6. Perused the record. Considering the fact that the applicant

has already served almost half of the sentence imposed on him

and in the present matter, the applicant is convicted for a short

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term sentence, the application deserves to be allowed. Hence,

the following order :-

(i) Interim Application is allowed.

(ii) Substantive sentence of imprisonment imposed on the applicant vide judgment and order dated 1 April 2022 in Spl. Case No.142 of 2021 is suspended during the pendency of this Appeal.

(iii) Applicant - Sandeep Patil @ Tudor Richard Niamey @ Suresh Nagraj be released on bail on executing PR bond in the sum of Rs.25,000/- with one surety in the like amount.

(iv) Applicant shall attend the local police station twice in a month on the frst and second Sunday between 10.00 am to 12 noon.

(v) Applicant shall furnish residential address proof and cell number to the concerned police station.

(NITIN B. SURYAWANSHI, J.)

Vina Khadpe

Signed by: Ms Vina A. Khadpe Designation: PS To Honourable Judge Date: 09/11/2023 19:07:37