Iona Furtado v. The State Of Maharashtra And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL APPLICATION NO.357 OF 2015 IN CRIMINAL APPEAL NO.604 OF 2014 Iona Furtado ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr.Aniket Vagal, Advocate for the Applicant.

Mrs.Uma Plasuledesai, Advocate for the Respondent/CBI. ....

CORAM :

ABHAY M. THIPSAY J.

DATED :

20TH APRIL 2015 P.C.

1.

Heard Mr.Vagal the learned counsel for the applicant. Heard Mrs.Palsuledesai, the learned counsel for the respondent/CBI.

2.

The appeal filed by the applicant challenging her conviction and sentences imposed upon her has already been admitted. By an order dated 22/09/2014, this Court suspended the substantive sentences imposed upon the applicant by the trial Court [(Criminal Application No.977 of 2014 (Coram : Smt.Sadhana S.Jadhav J.)] This Court, however, made it clear at 1/3

that time that the sentence of fine had not been suspended and that the applicant would be released on bail only after depositing the fine amount. Now, by the present application, the applicant prays that even the sentences of fine as imposed upon her by the trial Court be suspended during the pendency of the appeal. 3.

The amount of fine is huge. It is Rs.Twenty Lakh. 4.

The learned counsel for the applicant submits that the sentences of fine be suspended at least temporarily, so that the applicant can avail of the bail which would be necessary for enabling her to raise the amount of fine. It is submitted that sentences of fine be suspended at least for a period of four weeks, so that the applicant can, after her release, take necessary steps to raise the amount of fine. It is submitted that the husband of the applicant, who was also a co-accused in the same case, has passed away and the applicant has two daughters one aged 19 years and other 16 years. It is submitted that if the sentences of fine are not suspended, the applicant would not be in a position to avail of the bail.

5.

The learned counsel for the respondent/CBI opposes the application. She submitted that it is not clear as to how the applicant proposes to raise the amount of fine, after release on bail.

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6.

I have considered the matter. In my opinion, the sentences of fine can be suspended for a short period, so as to enable the applicant to avail of the bail order and then take steps to raise the amount of fine. This, however, can be done only on imposing appropriate conditions.

7.

On the applicant/appellant depositing a sum of Rs. 2,00,000/- in this Court, the sentences of fine imposed upon the applicant shall remain suspended for a period of four weeks from the date of such deposit, on the following conditions : (a)In these four weeks, the applicant shall not depart from the local limits of Brihan Mumbai;

(b)The applicant shall report to the trial Court once in a week during this period;

(c)The applicant shall surrender into custody after the aforesaid period of four weeks, unless the fine amount would be paid in the mean time, or the applicant, by remaining present before this Court offers to pay the entire amount of fine immediately after four weeks.

8.

The application is allowed in the aforesaid terms and to the aforesaid extent.

(ABHAY M. THIPSAY J.) 3/3