Hemlata Suresh Mane Alias Vicky Mane v. Central Bureau Of Investigation And ANR.

spm 1 11-ia1631.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1631 OF 2022 IN CRIMINAL APPEAL NO. 625 OF 2022 Hemlata Suresh Mane alias Vicky Mane .....Applicant Vs.

Central Bureau of Investigation and Anr.

.....Respondents Mr. Sanjeev P. Kadam a/w Prashant P. Raut i/by Bhanudas Jagtap for the Applicant.

Mr. Hiten Venegaonkar for the Respondent No.1. Mr. S. S. Hulke, APP for State.

CORAM : A. S. GADKARI, J.

DATE : 24th JUNE, 2022.

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

2.

Applicant has been convicted under Sections 419, 420 read with Section 120-B of Indian Penal Code and under Section 8 of the Prevention of Corruption Act, 1988 and is sentenced to suffer maximum rigorous imprisonment for three years and to pay a total fine of Rs.9,000/- by the learned Special Judge, CBI, Special Court, City Civil & Sessions Court, Greater Mumbai in CBI Special Case No.63 of 2012 by its Judgment and Order dated 31st January, 2022.

3.

Mr. Kadam, learned counsel for the Applicant submitted that, the Applicant was on bail during the pendency of trial and there is no 1/2

spm 2 11-ia1631.2022.doc report of breach of any of the conditions imposed upon him. He further on instructions submitted that, the Applicant has already deposited entire fine amount in the Registry of the trial Court.

The maximum sentence imposed upon the Applicant is three years of rigorous imprisonment. Possibility of hearing the present Appeal on its own merits in near future is remote. This Court therefore is of the view that, during the pendency of this Appeal the substantive sentence imposed upon the Applicant can be suspended and she can be released on bail.

4.

Hence, the following Order :- (i) Applicant/Accused No.4 in CBI Special Case No.63 of 2012 be released on bail on her furnishing P. R. bond of Rs.25,000/- with one or two solvent local sureties in the like amount.

(ii) During the pendency of the appeal, the Applicant is directed to attend office of Respondent No.1 on every first Monday of the month initially for a period of 1 year and thereafter on every first Monday of every 3rd month, i.e. 4 times in a year. 5.

Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 2/2