Subhash Shankar Jha v. Central Bureau Of Investigation And ANR.

D.A.Ethape 45-IA-1710-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1710 OF 2023 IN CRIMINAL APPEAL NO. 527 OF 2023 Subhash Shankar Jha ...Applicant

Versus

Central Bureau Of Investigation And Anr.

...Respondents

....

Mr. Aniket Vagal, Mr. Kunal Pednekar, Mr. Divesh Mehani a/w Mr. Mahesh Yadav Advocate for Applicant.

Mr. Kuldeep Patil Special P.P. for Respondent No.1-CBI. Mrs. Anamika Malhotra, APP for the Respondent - State. ....

CORAM : PRAKASH D.NAIK, J.

DATE : 14th JUNE, 2023.

P.C.:- 1.

This is an application for suspension of sentence and grant of bail during the pendency of Criminal Appeal challenging the judgment of conviction.

2.

The applicant has been convicted vide judgment and order dated 29th March 2023 passed by Special Judge C.B.I., Greater Bombay in C.B.I. Special Case No.47 of 2019 for offences punishable under Section 7 of Prevention of Corruption Act, 1988 and sentenced to suffer imprisonment for three years.

1/2

D.A.Ethape 45-IA-1710-2023.doc 3.

The applicant was on bail during the trial. Sentence is of short term. The appeal may not be heard within short span of time. Considering the ground urged in appeal and aforesaid facts and circumstances, case for suspension of sentence and grant of bail is made out.

ORDER

(i) Interim Application No. 1710 of 2023 is allowed. (ii) The substantive sentence of imprisonment imposed vide judgment and order dated 29th March 2023 passed by Special Judge C.B.I., Greater Bombay in C.B.I. Special Case No.47 of 2019 is suspended and the applicant is directed to be released on bail on the same bail in the trial Court with fresh bail bond.

(iii) Interim Application stands disposed off. (PRAKASH D. NAIK, J.) 2/2