Radhika Gurunath Koppikar v. The Union Of India And ANR
912.APPA.497.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.497 OF 2018 IN CRIMINAL APPEAL NO.334 OF 2018 Radhika Gurunath Koppikar ... Applicant V/s.
Union of India & Anr.
Through CBI (ACB), Pune ... Respondents ---- Mr. Lokesh Zade i/by Praful Soni for the Applicant. Mr. V.V. Gangurde, APP for the Respondent State. CORAM : A.S.GADKARI, J.
DATE : 28th MARCH 2018 P.C.:
1.
This is an application for suspension of sentence and for releasing the applicant on bail.
2.
The applicant is convicted under Section 13(2) r/w.13(1)(d) of Prevention of Corruption Act and under Sections 120-B and 420 of Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.25,000/- by the learned Special Judge CBI-ACB, Pune in Special Case No.60/2015 by its Judgment and Order dated 28.02.2018.
3.
The learned counsel for the applicant submitted that, the Aarti Palkar 1/2
912.APPA.497.18.doc applicant has already deposited the fine amount in the Registry of the Trial Court. He further submitted that, the applicant has been released on bail by the Trial Court under Section 389(3) of the Cr.PC. by its Order dated 28.02.2018.
4.
As the maximum sentence imposed upon the applicant is two years of rigorous imprisonment and the possibility of appeal being heard on merits in near future is remote, I am inclined to release the applicants on bail.
Hence, the following order.
(a) During the pendency of the appeal, the substantive sentence imposed upon the applicant is suspended. (b) The applicant be released on bail in Special (CBI) Case No.60 of 2015 on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount. (b) During the pendency of the appeal, the applicant shall mark 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 Monday is Court holiday/public holiday, the applicant shall mark his presence on immediate next date.
5.
Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Aarti Palkar 2/2