Sheela Suryavanshi v. Central Bureau Of Investigation And ANR

varsha 5-appa-841-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 814 OF 2019 IN APPEAL NO. 751 OF 2019 Sheela Suryavanshi ..Appellant/Applicant v/s.

Central Bureau of investigation and Anr.

..Respondents ------------------- Ms. Apeksha Vora for appellant/applicant.

None for the Respondent No. 1.

Mr. S.S. Pednekar APP for the State.

--------------------- CORAM : SMT. SADHANA S. JADHAV, J.

DATED : 18th JUNE 2019.

P.C.

1.

Heard.

2.

This is an application filed under Section 389 of Cr.P.C. The applicant herein is seeking suspension of substantive sentence imposed upon the applicant by the Special Judge (CBI) CBI Special Court, City Civil and Sessions Court, Greater Bombay in CBI Special Case No.47 of 2000, vide judgment and order dated 22nd March 2019. The applicant is convicted for the offence punishable under Sections 420, 467 and 471 read with Section 120-B of the Indian Penal Code and he is sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.2,000/- (Rupees Two Thousand only), in default, to suffer further simple imprisonment for one month.

varsha

varsha 5-appa-841-19 3.

The learned counsel for the applicant submits that the applicant was on bail during the pendency of the trial and has not committed breach of any conditions imposed upon him. The sentence imposed upon her is short term sentence. In view of this, she would be entitled to the extension of same relief during the pendency of the appeal. Hence, the following order:- Order i) The Criminal Application is allowed.

ii) The substantive sentence imposed upon the applicant by Special Judge (CBI), vide judgment and order dated 22nd March 2019 is hereby suspended. iii) The applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- and one or more solvent sureties in the like amount.

iv) The applicant shall cause her presence before the Special Judge (CBI), once in six months on the date assigned by the learned Special Judge (CBI), City Civil Court, Greater Mumbai.

v) Upon failure to attend any two consecutive dates, the Special Judge (CBI) shall make report to the High Court and the prosecution would be at liberty to seek cancellation of bail.

vi) The application stands disposed of.

(SMT. SADHANA S. JADHAV, J) varsha