Shailesh Pandit vs Union Of India Through C.B.I
2022 Latest Caselaw 1951 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 I.A. No. 3377 of 2020
                                           In
                            Cr. Appeal (S.J.) No. 314 of 2020

          Shailesh Pandit                           ...      ...         Appellant
                                             - Versus -
          Union of India through C.B.I.             ...    ...         Respondent
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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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          For Appellant       : M/s. Indrajit Sinha, Advocate
          For the C.B.I       : A.C. to ASGI
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04/12.05.2022
I.A. No. 3377 of 2020
                        Heard the Parties.

This Interlocutory Application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of bail, to the appellant, during the pendency of the appeal.

This appeal has been preferred against the judgment of conviction and order of sentence dated 16.03.2020 passed by learned Special Judge, CBI, Ranchi in Case No. R.C. 6(A)/2015-R, holding the appellant guilty and thereby sentencing him to undergo R.I. for 3 years and to pay a fine of Rs. 10,000/- for the offence punishable under Section 7 of the P.C. Act, 1988 and in default of payment of fine he was further directed to undergo S.I. for six months, the appellant was further held guilty and sentenced to undergo R.I. for four years alongwith fine of Rs. 10,000/- for the offence punishable under Sections 13(2) r/w 13(1)(d) of the P.C. Act, 1988, and in default of payment of fine he was further directed to undergo R.I. for 8 months.

It was submitted that the appellant is in custody since 16.03.2020. It was further submitted that appellant was all along on bail during the trial and he has already served half of the sentence.

Regard being had to the facts and circumstances, I am inclined to suspend the sentence and enlarge the appellant on bail, during the pendency of the appeal, on furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, CBI, Ranchi in connection with Case No. R.C. 6(A)/2015-R Subject to the condition that at the time of furnishing bail bond he will present the receipt before the court below to show that he has already paid the fine as directed in the impugned judgment.

I.A. No. 3377 of 2020 stands allowed.

(Ambuj Nath, J.)

Saurabh