P. Viswanadhan v. The Central Bureau Of Investigation And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1190 OF 2018 IN CRIMINAL APPEAL NO.910 OF 2018 P. Viswanadhan ...

Applicant V/s.

The Central Bureau of Investigation & Anr.

...

Respondents .....

Mr.Satyavrat Joshi, Advocate for the Applicant. Ms.Ameeta Kuttikrishnan, Advocate for Respondent No.1/CBI. Mr.S.V.Gavand, APP for the Respondent No.2/State. ....

CORAM : A.M.BADAR J.

DATED : 20th AUGUST 2018.

P.C. :

This is an application for suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal filed by him.

The applicant/accused is convicted for the offence punishable under Sections 120B, 420 and 468 of the Indian Penal Code as well as under Section 13(2) read with Section 13(1)(d) of 1/3

the Prevention of Corruption Act 1988. For the offences punishable under Section 120B and 420 of the Indian Penal Code as well as under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, the applicant/accused is sentenced to suffer simple imprisonment for three years on each count. For the offence punishable under Section 468 of the Indian Penal Code, he is sentenced to suffer simple imprisonment for two years. In addition, fine of Rs.5000/- is also imposed on the applicant. All substantive sentences are directed to run concurrently.

Heard the learned Advocate appearing for the applicant/accused as well as the learned Advocate appearing for respondent No.1/CBI. The learned Additional Public Prosecutor appears for the respondent No.2/State.

Short sentence of imprisonment for three years has been imposed on the applicant/accused and the same is already suspended by the learned trial Court. The applicant/accused has already deposited the fine amount. The appeal filed by him may not be heard within a short period. Hence, the Order :

ORDER

(i) The application is allowed (ii) The substantive sentence of imprisonment imposed on 2/3

the applicant/accused is suspended and he is directed to be released on bail on his executing P. R. Bond of Rs.15,000/- and on furnishing surety in the like amount. (iii) The application is disposed of accordingly. (A.M.BADAR J.) Raju Dattatraya Gaikwad Raju Dattatraya Gaikwad Date: 2018.08.20 15:50:18 +0530 3/3