Vijaya Madhavan Nair v. The Director, Central Bureau Of Investigation And ANR.

22-ia-1884-2023-APEAL-590-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1884 OF 2023 IN CRIMINAL APPEAL NO. 590 OF 2023 Vijaya Madhavan Nair ...Applicant/Appellant

Versus

The Director, Central Bureau of Investigation And Anr.

...Respondents

....

Mr.Viresh Purwant, Advocate for the Applicant/Appellant. Mr.Kuldeep Patil, Advocate/Special P. P. for Respondent No.1. Mr.Y. M. Nakhwa, APP for the Respondent - State. ....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

8th JUNE, 2023.

PER COURT :

1.

This is an application for suspension of sentence and grant of bail during the pendency of appeal.

2.

The applicant has been convicted for offence punishable under Section 120-B of Indian Penal Code (for short "IPC") and sentenced to suffer imprisonment for one year. He is also convicted for offence under Section 420 r/w Section 120-B of IPC and sentenced to suffer imprisonment of two years. He is further convicted for offence under Sections 13(2), r/w Section 13(1)(d) of the Prevention of Corruption Act and sentenced to suffer imprisonment of two years and to pay fine of Rs.5,000/-. Sajakali Jamadar

22-ia-1884-2023-APEAL-590-2023.doc 3.

The sentence is of short term. The appeal may not come up for hearing immediately. Considering the grounds urged in the appeal and the aforesaid circumstances, the sentence of imprisonment can be suspended.

ORDER

i.

Interim Application No. 1884 of 2023 is allowed; ii.

The substantive sentence of imprisonment imposed vide Judgment and order dated 28.03.2023 passed by learned Special Judge, (CBI) and Sessions Court, Gr. Mumbai in C.B.I. Special Case No.30 of 2003 is suspended and the applicant is directed to be released on same bail as in the trial Court with fresh bond;

iii.

Interim Application stands disposed of accordingly. (PRAKASH D. NAIK, J.) Sajakali Jamadar