Kirit Manharlal Shrimankar v. Central Bureau Of Investigation And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2340 OF 2022 WITH INTERIM APPLICATION NO. 2341 OF 2022 IN CRIMINAL REVISION APPLICATION NO. 292 OF 2022 Kirit Manharlal Shrimankar ...Applicant

Versus

Central Bureau Of Investigation And Anr.

...Respondent

....

Mr. Niranjan Mundargi a/w Mr. Gaurav Shukla i/by Mr. Rajender Singh Saluja, Advocate for the Applicant.

Mr. H. S. Venegavkar, Special P. P. for Respondent No.1 - State. Mr. A. R. Patil, APP for the Respondent - State. ....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

29th JULY, 2022.

PER COURT :

1.

The applicant has been convicted vide judgment and order dated 2nd February, 2016 passed by learned Additional Chief Metropolitan Magistrate, 19th Court, Esplanade Mumbai, passed in C.C. No.768/PW/2009 for offences punishable under Sections 120-B/ r/w Sections 420, 467, 468 & 471 of Indian Penal Code (for short "IPC") and maximum sentence of imprisonment was awarded by three years. The judgment of the trial Court was challenged before the Sessions Court by preferring appeal which has been Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2022.08.01 10:52:48 +0530 SAJAKALI LIYAKAT JAMADAR

dismissed by judgment and order dated 6th July, 2022. 2.

learned Advocate for the applicant submitted that the sentence of imprisonment is of short term. There are serious discrepancies in the evidence adduced before the trial Court. The appellate Court has mechanically confirmed the conviction. The applicant was on bail during the trial as well as during the pendency of appeal, the applicant has been taken in custody on 4th July, 2022. Fine awarded by the trial Court has been deposited before the trial Court.

3.

Learned counsel for Respondent- CBI submitted that there are two concurrent findings of the trial Court and the appellate Court.

4.

Considering the fact that the sentence is of short term, applicant was on bail during the trial and pendency of appeal and factual aspects of the matter, sentence of imprisonment can be suspended.

5.

Hence, I pass the following order:

ORDER

i.

Interim Application Nos.2340 of 2022 & 2341 of 2022 are allowed;

ii.

The sentence of imprisonment imposed vide Judgment and order dated 2nd February, 2016 passed by learned Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai in C.C. No.768/PW/2009 and confirmed by Sessions Court vide judgment and order dated 6th July, 2022 passed in Criminal appeal No.281 of 2016 is suspended during pendency of Criminal Revision Application No.292 of 2022 and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

iii.

The applicant is permitted to furnish cash bail in the sum of Rs.25,000/- for a period of six weeks in lieu of surety. iv.

The applicant shall attend the trial Court once in six months on first Saturday of the month till the final disposal of the appeal;

v.

In the event, there are two consecutive defaults in attending the trial Court, the said fact may be brought to the notice of this Court and in such eventuality, the prosecution will be at liberty to prefer an application for cancellation of bail.

vi.

Interim Applications stand disposed of accordingly. (PRAKASH D. NAIK, J.)