Dinesh Maruti Kadakane v. Central Bureau Of Investigation And ANR.
2024:BHC-AS:9766
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 812 OF 2024 IN CRIMINAL APPEAL NO. 176 OF 2024 DINESH MARUTI KADAKANE ..APPLICANT VS.
1. CENTRAL BUREAU OF INVESTIGATION
2. STATE OF MAHARASHTRA ..RESPONDENTS Mr. Ramdas Hake-Patil, for the Applicant.
Mr. Kuldeep S. Patil a/w Mr. Ashish Kumar Srivastava, for CBI- Respondent No.1.
Mr. S. V. Walve, APP for the State- Respondent No.2. CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 29, 2024 P.C. :
1.
This is an application for suspension of the sentence and for enlarging the applicant on bail.
2.
The applicant was convicted by the judgment and order dated 24/01/2024 passed by the trial Court and sentenced to suffer rigorous imprisonment and fine of Rs. 5 lakhs. The fine amount has been paid. For the various offences, maximum punishment imposed is 3 years rigorous imprisonment. The applicant was in pre-trial custody for a period of 6 months. There is nothing on record to indicate that the applicant has misused the liberty while on bail. 1/3
3.
Learned counsel for the respondent no.1 opposed the application. It is submitted that the order is passed by the trial Court after appreciation of evidence on record. Considering the seriousness of the charges proved, the application be rejected.
4.
The appeal is not likely to be heard any time soon considering the pendency of appeals earlier filed. I am inclined to suspend the sentence and enlarge the applicant on same bail as before the trial Court but with fresh bonds. 5.
The sentence imposed by the trial Court is suspended. 6.
The applicant is enlarged on same bail as before the trial Court but with fresh bonds.
7.
The applicant shall report to the trial Court once in a year i.e. first Monday of the concerned month, between 11.00 a.m. and 1.00 p.m. commencing from April 2024. 8.
The applicant shall not leave India without permission of this Court.
9.
The applicant shall surrender his passport, if any, to the investigating ofÏcer. If the applicant does not have passport, he shall file the afÏdavit to that effect. 10.
On being released on bail, the applicant shall furnish 2/3
his contact number and residential address to the trial Court as well as the investigating ofÏcer and shall keep them updated, in case there is any change.
11.
The interim application is disposed of.
(M. S. KARNIK, J.) 3/3 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 29/02/2024 19:34:26