Varsha Milind Raut v. The Central Burea Of Investigation And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 525 OF 2018 IN CRIMINAL APPEAL NO. 371 OF 2018 Varsha Milind Raut ....Applicant.

Vs.

The Central Bureau of Investigation Anti Corruption Bureau, Pune & Anr.

....Respondents.

Mr. Kalpesh Patil i/by Yogesh Patil for the Applicant. Mr. H.S. Venegavkar for the Respondent No.1.

Mr. A.R. Kapadnis, APP for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 9th APRIL, 2018.

P.C.:- This is an Application for suspension of sentence and for releasing the Applicant on bail.

The Applicant is the Original Accused No.4 in Special Case No. 61 of 2015.

The Applicant has been convicted under Section 420 read with Section 120-B of the Indian Penal Code and is sentenced to suffer maximum rigorous imprisonment for 2 years and to pay a fine of Rs.20,000/- (Rupees Twenty Thousand only), by the learned Special 1/3

ssm 2 Judge, CBI-ACB, Pune in Special Case No. 61 of 2015 by its Judgment and Order dated 23rd February, 2018.

The learned counsel for the Applicant submitted that, the 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.P.C. by an Order of even date.

As the Applicant is sentenced to suffer maximum rigorous imprisonment for two years and the possibility of hearing of Appeal on merits in the near future is remote, I am inclined to release the Applicant on bail. Hence the following ordera) During the pendency of the Appeal, the substantive sentence imposed upon the Applicant is hereby suspended.

b) During the pendency of the Appeal, the Applicant is released on bail in Special Case No. 61 of 2015 on her furnishing PR bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one or two solvent local sureties in the like amount.

c) During the pendency of the Appeal, the Applicant 2/3

ssm 3 shall attend and mark her 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 first Monday is a Court holiday/Public holiday, the Applicant shall mark her presence on the immediate next day.

Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 3/3