Mahesh Bohra v. Central Burau Of Investigation And ANR

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATIION NO. 277 OF 2018 IN CRIMINAL APPEAL NO. 181 OF 2018 Mahesh Bohra ..Applicant Vs Central Bureau of Investigation & Anr.

..Respondents ----- Ms. Sonal Parab i/b Rajeev Sawant & Associates for applicant. Mr. Sandesh Patil for respondent No.1.

Mr. A.R. Kapadnis, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 8th MARCH 2018.

P.C.:

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

2] The applicant is accused No.3 in CBI Special Case No.70/2005. The learned Special Judge (CBI) by its Judgment and Order dated 13/2/2018 was pleased to convict the applicant under Section- 420, 465, 467 read with 120B of the Indian Penal Code and sentenced to suffer maximum rigorous imprisonment of four years and imposed a total fine of Rs.80,000/-.

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3] The applicant is taken into custody on the date of pronouncement of Judgment. As the maximum sentence imposed upon the applicant is four years and the possibility of taking up the present appeal for final hearing in immediate future is blink, I am inclined to release the applicant on bail.

4] The learned Counsel for the applicant submitted that the applicant has already deposited the entire amount of fine in the Trial Court. He submitted that the applicant is a cancer patient and requires medical assistance regularly.

5] In view thereof, following Order:

(i) The applicant be released on bail in CR No.RCBS22004S0002 dated 29.7.2004 (CBI Special Case No.70/2005) on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount. (ii) After his release from jail, the applicant shall maark his presence before the Trial Court on every first Monday of the month between 11.00 a.m to 2.00 p.m. If the said first Monday is Court holiday/public holiday the applicant shall mark his presence on the immediate next day.

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(iii) Applicant is permitted to furnish cash bail for a period of 8 weeks from today and during the said period the applicant shall comply with the formalities of furnishing sureties.

6] Application is allowed in the aforesaid terms. All the concerned to act on an authenticated copy of this Order. (A.S.GADKARI, J.) 3/3