R. Sitaraman S/O. K. Ramasubaramaniam v. Central Bureau Of Investigation And ANR

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.748 OF 2017 (FOR BAIL) IN CRIMINAL APPEAL NO.460 OF 2017 WITH CRIMINAL APPLICATION NO.749 OF 2017 (FOR SUSPENSION OF SENTENCE) IN CRIMINAL APPEAL NO.460 OF 2017 R.Sitaraman S/o K.Ramasubaramaniam ...Applicant

Versus

Central Bureau of Investigation and Anr.

...Respondents

Mr.R.Sathyanarayanan, for the Applicant.

Mr.H.S.Venegaonkar, for the Respondent No.1 - CBI. Mr.Prakash Jadhav, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 16th JUNE, 2017 P.C. :

1.

Heard learned counsel for the parties.

2/4 2.

By this application the applicant seeks his enlargement on bail, pending the hearing and final disposal of the appeal. 3.

The applicant alongwith other accused, vide Judgment and Order dated 11th April, 2017, passed by learned Special Judge (CBI)/The Additional Sessions Judge, Greater Bombay (CR No.51), has been convicted and sentenced as under:- − for the offence punishable under Sections 409 r/w 120B of the Indian Penal Code to suffer R.I for 3 years and to pay fine of Rs.5,000/- in default to suffer R.I. for 3 months;

− for the offence punishable under Sections 477A r/w 120B of the Indian Penal Code to suffer R.I for 3 years and to pay fine of Rs.5,000/- in default to suffer R.I. for 3 months;

− for the offence punishable under Section 13(1)(c)(d) r/w 13(2) of Prevention of Corruption Act, 1988 to suffer R.I for 3 years and to pay fine of Rs.5,000/- in default to suffer R.I. for 3 months. (All the sentences are directed to be run concurrently.) 4.

Learned Counsel for the applicant states that the applicant was

3/4 on bail, pending the trial and that he has not abused or misused the liberty granted to him. He submitted that the applicant's sentence was suspended after his conviction, by the trial Court. The said statement is not disputed by the learned Counsel for the respondent no.1-CBI and the learned A.P.P. 5.

Perused the papers. The Appeal has been admitted by a separate order passed today and the same is not likely to come up for hearing in the immediate near future. It is not in dispute that the applicant was on bail pending trial and that he has not abused or misused the liberty granted to him and that the applicant's sentence was suspended after his conviction, by the trial Court. The sentence awarded is a short term sentence.

6.

Considering the aforesaid, the applicant's sentence is suspended and he is enlarged on bail, pending the hearing and final disposal of his Appeal, on the following terms and conditions :

ORDER

(i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

4/4 7.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

8.

In view of the aforesaid, Criminal Application No.749 of 2017 for Suspension of Sentence, does not survive and the same is disposed of. 9.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)