Bombay High CourtAPPA/1125/2015bail granted

Vikas Murlidhar Chavan v. The Central Bureau Of Investigation And ANR

2015-09-10Hon'Ble Shri Justice A.R. Joshi2 pages

901-APPA-1125-2015.doc Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION No. 1125 of 2015 IN CRIMINAL APPEAL No. 897 of 2015 Vikas Murlidhar Chavan ..Applicant.

Versus

The Central Bureau of Investigation & Anr The State of Maharashtra ..Respondents.

Mr N.M. Mogre i/by Ravi G. Shinde, Advocate for the Applicant. None for respondent no.1.

Mr A.R. Patil, APP for the State.

CORAM : A.R.JOSHI,J DATE : 10th September, 2015 P.C. :

1) Heard the learned Counsel for the applicant / original accused no.3 on this application for bail and suspension of substantive sentence, during pendency of the appeal. The learned counsel for the applicant stated that respondent no.1 CBI, Anti Corruption Bureau, Pune is already served. None present for respondent no.1. The learned APP for respondent no.2 State is present.

2) The applicant/original accused no.3 is convicted for the offnece under section 420 of IPC and sentenced to suffer imprisonment for five years and to 1/2

901-APPA-1125-2015.doc pay fine of Rs.5,00,000/-, in default of payment of fine further SI for one year. Reportedly, the fine amount is already paid.

3) During the trial, the applicant was on bail. After the conviction the applicant is taken in custody since 1st September, 2015. Present applicant was tried along with other accused. Out of them accused no.1 was a public servant, being a bank official. Though the charges against the public servant were for the offences under the Prevention of Corruption Act, the present applicant was charged only for the offences punishable under sections 420, 468 and 471, read with section 120-B of IPC.

4) Considering that the applicant was on bail during pendency of the trial and considering that the present appeal may take longer time for disposal, the applicant shall be released on same bail as granted by the trial Court with fresh bonds to be executed before the trial Court. The substantive sentence is suspended till the conclusion of the trial.

5) The present order is effective only after the payment of entire fine amount by the applicant in the trial Court.

6) The applications is accordingly disposed of.

(A.R.JOSHI, J.) CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED ORDER.

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