Renuka Balaraman S. Murthy v. The Central Bureau Of Investigation And ANR

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.896 OF 2017 (For Bail And Suspension Of Sentence) IN CRIMINAL APPEAL NO.550 OF 2017 Renuka Balaraman S. Murthy .Applicant Vs.

The Central Bureau of .Respondents Investigation & anr.

Mr.P.K.Sonawane, Advocate, for the Applicant Mr.S.R.Shinde, Advocate, for the Respondent No.1 - CBI Mr.Y.M.Nakhwa, APP, for the Respondent No.2 - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

04.07.2017 P.C.

.

Heard learned counsel for the parties.

2.

By this Application, the Applicant seeks suspension of her sentence & enlargement on bail, pending the hearing and final disposal of the aforesaid Appeal.

3.

The Applicant alongwith co-accused has been convicted & sentenced vide Judgment and Order dated 18.05.2017, passed by the learned Special Judge for C.B.I., City Civil & Sessions Court, Greater Mumbai, as under :- - For the offence punishable under Section 420 of the Indian Penal Code to suffer R.I. for one year and to pay fine of Rs.500/-, in default to suffer R.I. for further period of one month;

- For the offence punishable under Section 471 of the Indian Penal Code to suffer R.I. for two years and to pay fine of Rs.1,000/-, in default to suffer R.I. for further period of two months;

No separate sentence was awarded for the offence punishable under Section 465 of the Indian Penal Code;

- For the offence punishable under Section 467 of the Indian Penal Code to suffer

R.I. for three years and to pay fine of Rs.1,000/-, in default to suffer R.I. for further period of three months;

No separate sentence was awarded for the offence punishable under Section 468 of the Indian Penal Code;

- For the offence punishable under Section 477A of the Indian Penal Code to suffer R.I. for three years and to pay fine of Rs.1,000/-, in default to suffer R.I. for further period of three months;

- For the offences punishable under Sections 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act to suffer R.I. for three years and to pay fine of Rs.10,000/-, in default to suffer R.I. for further period of three months;

No separate sentence was awarded for the offence punishable under Section 120B of the Indian Penal Code;

All the substantive sentences are directed to run concurrently.

4.

Learned counsel for the Applicant states that the Applicant states that the Applicant was on bail pending the hearing and final disposal of the Appeal and after her conviction and sentence, the Applicant's sentence was, however, suspended. He submits that whilst on bail, the Applicant has not abused or misused the conditions of bail.

5.

Perused the papers. The Appeal has been admitted by a separate order passed today. The sentence imposed is a short term sentence. Considering the fact, that the Appeal is not likely to be heard in the immediate near future and the fact that the Applicant was on bail pending the trial and has not abused or misused the conditions of bail, the Applicant's sentence

is suspended and she is enlarged on bail, pending the hearing and final disposal of his Appeal, on the following terms & conditions:- O R D E R (i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;

(ii) The Applicant shall keep the officer of the CBI informed of her place of residence and mobile number and change, if any.

6.

Accordingly, the Application is disposed of on the aforesaid terms.

Parties to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)