Sudhir Shivaji Rajwade v. CBI Acb Mumbai And ANR

1 /2 59-appa-162-18 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 162 OF 2018 IN CRIMINAL APPEAL N O.100 OF 2018 Sudhir S.Rajwade vs. CBI ACB Mumbai and anr.

Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. H.V.Shinganapurkar i/by V.N. Shingnapurkar for the applicant.

Mr. H.S. Venegaonkar for CBI.

Mr.A.R.Kapadnis, APP for the Respondent-State. CORAM : A.S.GADKARI, J.

DATE : 6th March, 2018 P.C.

1.

This is an application for suspension of sentence and releasing the applicant on bail.

2.

The applicant is the original accused No.1. The applicant is convicted under Section 409, 465, 468, 471 420, 204 read with 120B of the Indian Penal Code and under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced to suffer maximum rigorous imprisonment of two years. The applicant is also directed to pay a total fine of Rs.19,000/-. 3.

The learned counsel for the applicant submitted that

2 /2 59-appa-162-18 the applicant has already deposited the fine amount before the Trial Court. He further submitted that the Trial Court has released the applicant on bail under Section 389(3) of the Cr.P.C. by its Order dated 2.12.2017.

4. As the maximum sentence imposed upon the applicant is two years of rigorous imprisonment, I am inclined to suspend the sentence and release the applicant on bail. Hence, the following order.

a) The applicant be released on bail in Special CBI/ACB Case No.9/2006 on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount.

b) During the pendency of the appeal, the applicant is directed to mark his presence before the Trial Court on every first Monday of the month between 11.00a.m. to 2.00p.m. If the said first Monday is Court a holiday/public holiday the applicant shall mark his presence on the immediate next day.

c) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)