Dileep Ramchandra Deshpande v. C.B.I., Bs And Fc, Mumbai And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1894 OF 2023 IN CRIMINAL APPEAL NO.598 OF 2023 Dileep Ramchandra Deshpande Applicant versus CBI, BS & FC, Mumbai and others Respondents Mr.Tejas Muzumdar i/by Mr.Ashish Gabhale, Advocate for Applicant. Mr.Kuldeep Patil, Special P.P for CBI.

Mr.Y.Y.Dabake, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 12th June 2023 PC :

1.

This is an application for suspension of sentence and grant of bail. The applicant has been convicted for offence u/s.120B of IPC and sentenced to suffer imprisonment for six months and pay fine of Rs.50,000/-. He is further convicted for the offence u/s.13(1)(d) punishable u/s.13(2) of Prevention of Corruption Act and sentenced to suffer imprisonment of one year and pay fine of Rs.50,000/-. The applicant is also convicted for the offence u/s.420 r/w 120B of IPC and sentenced to suffer imprisonment for three years and pay fine of Rs.1,00,000/-.

2.

Applicant was on bail during trial. The Trial Court on the date of sentence had suspended the sentence and suspension of sentence was continued by this Court vide order dated 23rd May 2023 till 15th June 2023. The entire fine amount imposed by the Trial Court has been deposited by the applicant before Trial Court. Considering the

2 of 2 4.IA.1894.2023.doc fact that sentence is of short term and the appeal may not reach for hearing immediately and the grounds urged in this appeal, the sentence of imprisonment can be suspended.

ORDER

(i) Interim Application is allowed and disposed off; (ii) The sentence of imprisonment imposed vide Judgment and Order dated 3rd April 2023 in CBI Special Case No.131 of 2009 by Special Judge (CBI), Greater Bombay, is suspended and applicant is directed to be released on bail on the same bail amount as stipulated by Trial Court with fresh bounds, (iii) The applicant shall report Superintendent of Police, CBI, BS & FC, Mumbai, once in six months on first Saturday of the month between 11 am and 1 pm till final disposal of Criminal Appeal. (PRAKASH D. NAIK, J.) MST