Abid Ali Ghulam Vohra v. Central Bureau Of Investigation And ANR.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.802 OF 2022 IN CRIMINAL APPEAL NO.248 OF 2022 Abid Ali Ghulam Vohra Applicant versus Central Bureau of Investigation and another Respondents Ms.Trupti R. Shetty, Advocate for applicant.
Ms.P.N.Dabholkar, APP, for State.
Mr.Kuldeep S. Patil, Special P.P. for CBI.
CORAM : PRAKASH D. NAIK, J.
DATE : 25th March 2022 PC :
1.
This is application for suspension of sentence and grant of bail pending Criminal Appeal No.248 of 2022.
2.
The applicant has been convicted for the offence under Section 120B, Section 420 r/w 120B of IPC, Section 409 of IPC and Section 13(1)(d) r/w 13(2) of Prevention of Corruption Act. He has been sentenced to undergo imprisonment of two years with fine of Rs.50,000/-, three years imprisonment with fine of Rs.1,00,000/-, four years imprisonment with fine of Rs.1,00,000/- and one years imprisonment with fine of Rs.1,00,000/- on each count respectively. All the sentences were to run concurrently.
3.
The total fine imposed upon the applicant is in the sum of MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.03.29 10:15:10 +0530 Rs.3,50,000/-. Learned advocate for applicant submitted that entire fine amount has been deposited in the Trial Court. Applicant was on
2 of 3 23.IA.802.2022.doc bail during trial. He has not misused the facility of bail. The transaction is of the year 1998. The sentence of imprisonment imposed upon co-accused Ashok Bhansali (accused No.3) has been suspended and bail has been granted to him by order dated 14th March 2022.
4.
Learned APP submitted that applicant was bank manager and he was involved in fraudulent act. There is sufficient evidence to convict him.
5.
The sentence imposed upon co-accused Ashok Bhansali has been suspended by this Curt and bail has been granted to him. The sentence is of short term. Fine amount has been deposited. Hence, this application can be allowed.
ORDER
(i) Interim Application is allowed and disposed of; (ii) Sentence of imprisonment imposed vide judgment and order dated 23rd February 2022 by Special Judge (CBI), Greater Bombay, in CBI Special Case No.100 of 1999 is suspended and applicant is directed to be released on bail on executing PR bond in the sum of Rs.50,000/- with one or more solvent sureties in the like amount; (iii) The applicant is permitted to furnish cash bail in the sum of Rs.50,000/- for ten weeks in lieu of sureties; (iv) The applicant shall attend Trial Court once in six months on every first Saturday of the month till final disposal of appeal; (v) In the event there are two consecutive defaults in attending the Trial Court, the Trial Court shall submit report to this Court; (vi) In the event of default committed by the applicant in attending
3 of 3 23.IA.802.2022.doc the Trial Court, the prosecution will be at liberty to prefer application for cancellation of bail.
(PRAKASH D. NAIK, J.) MST