Hoor C. Jhurani v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 773 OF 2020 IN CRIMINAL APPEAL NO.221 OF 2020 Devendra Chaturvedi S/o Raghunath Chaturvedi ... Applicant

Versus

The Central Bureau of Investigation and Anr.

... Respondents ALONG WITH INTERIM APPLICATION NO. 701 OF 2020 IN CRIMINAL APPEAL NO.222 OF 2020 Miss Hoor C. Jhurani ... Applicant

Versus

The Central Bureau of Investigation and Anr.

... Respondents ALONG WITH INTERIM APPLICATION NO. 714 OF 2020 IN CRIMINAL APPEAL NO.228 OF 2020 Sayaji l. Sangle ... Applicant

Versus

The Central Bureau of Investigation and Anr.

... Respondents .....

Ms. Sonal Parab i/by Mr. Rajeev Sawant & Associates , Advocate for the Appellant in Appeal No. 228 of 2020 and I.A. No. 714 of 2020. Mr. Vinay J. Bhanushali, Advocate for the Appellant in Appeal No. 221 of 2020 and I.A. No. 773 of 2020.

Mr. Sayaji D. Nangre, Advocate for the Appellant in Appeal No. 222 of 2020 & I. A. No. 701 of 2020.

Ms. Amita Kuttikrishnan, Advocate for C.B.I. in all matters. Mr. Y. Y. Dabake, APP for the Respondents - State in all matters. .....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

31st AUGUST, 2021 PER COURT :

1.

The applicants in all these applications are seeking suspension of sentence and grant of bail. The applicants have preferred respective appeals challenging the Judgment of conviction dated 20th December, 2019 passed by Special Judge, (CBI) in CBI Special Case No. 89 of 2000. The applicants were original accused Nos. 1, 2 & 3 are convicted for offences under Sections 420, 467, 468, 471 r/w Section 120-B of Indian Penal Code. The accused No.1 is sentenced to suffer rigorous imprisonment for three years for each offence and to pay fine of Rs.1,50,000/- for each offence. The accused No. 2 is sentenced to suffer rigorous imprisonment for two years for each offence and to pay fine of Rs.40,000/- for each offence. The accused No.3 is sentenced to suffer rigorous imprisonment for six months for each offence and to pay fine of Rs.8,000/- for each offence. 2.

Pursuant to Judgment of conviction, the sentence of imprisonment was suspended by trial Court vide order dated 20th December, 2019 to enable them to prefer appeal. The applicants were directed to be released on bail on execution personal bond of

Rs.25,000/- each and cash surety of Rs.25,000/- each. 3.

Learned Advocate for the respective applicants submitted that the applicants have surrendered before the trial Court today and hence prayed for suspension of sentence and continuation of bail granted by the trial Court. It is submitted that the entire fine amount has been deposited by all the applicants. 4.

The applicants were on bail during the trial. The sentences is for a short term. The conviction is under challenge. According to the applicants they have good case on merits. Learned counsel for respondents submitted that although the applicants are on bail during the trial now they have been convicted. Considering the fact that the applicants are on bail during the trial, and even after the conviction, sentence was suspended to enable them to prefer an appeal, the case for suspension of sentence and grant of bail is made out. 5.

Hence, I pass the following order:

ORDER

(i) Interim Application Nos. 714 of 2020, 773 of 2020 and 701 of 2020 are allowed;

(ii) The sentence of imprisonment awarded by learned Special Judge, (C.B.I.) Greater Bombay, vide Judgment and

order dated 20th December, 2019 is suspended pending appeal and the applicants are directed to be released on bail on executing P.R. Bond in the sum of Rs.25,000/- each with one or more sureties in the like amount;

(iii) The applicants be released on cash bail executed by the applicants pursuant to order dated 20th December, 2019 for a period of 8 weeks and within that period the applicants shall execute surety bond as stated herein above;

(iv) Applicants shall appear before trial Court and mark their presence, once in six months;

(v) Interim Applications stand disposed of accordingly. (vi) Parties to act upon authenticated copy of this order. (PRAKASH D. NAIK, J.) by SAJAKALI LIYAKAT JAMADAR Date:

2021.08.31 13:44:09 +0530 SAJAKALI LIYAKAT JAMADAR