Ravikumar Ramesh Chaturvedi v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1444 OF 2018 IN CRIMINAL APPEAL NO.1047 OF 2018 Ravikumar Ramesh Chaturvedi ....
Applicant Vs.
The State of Maharashtra & Ors.
....
Respondents Mr. A.S. Deshmukh I/by B.S. Shinde for the applicant. Mr. Y.M. Nakhwa, APP for State.
Ms. Ameeta Kuttikrishnan for respondent no.2/CBI. Coram : Smt. Sadhana S. Jadhav, J.
Date : 16th January 2019 P.C.:
Heard the respective counsel.
This is an application under Section 389 Code of Criminal Procedure seeking suspension of substantive sentence imposed upon the applicant by the Special Judge (CBI), Greater Bombay in CBI Special Case No. 46 of 2007 vide judgment and order dated 17th July 2018. The accused is convicted for the offence punishable under
2/4 Section 120-B of the Indian Penal Code and sentenced to suffer rigorous imprison for a period of one year and to pay a fine of Rs.1000/-, in default to suffer rigorous imprisonment for two months. The accused is further convicted for the offence punishable under Section 420 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for a period of three months. The accused is further convicted for the offence punishable under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for a period of two years and to pay a fine of Rs.6,000/-, in default to suffer rigorous imprisonment for three months.
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. It is also submitted that the applicant has been sentenced to a short term sentence and that there is no possibility of the appeal being finally
3/4 heard in the near future and therefore it is prayed that the applicant be granted extension of the same relief during the pendency of the appeal. It is made clear that suspension of substantive sentence shall not be construed as suspension of conviction. Hence, the following order.
O R D E R
i ) The application is allowed and stands disposed of. ii ) The substantive sentence imposed upon the applicant vide judgment and order dated 17th July 2018 is hereby suspended. iii ) The applicant be enlarged on bail on furnishing P.R. bond in the sum of Rs.50,000/- with one or more solvent sureties in the like amount.
iv ) The applicant shall mark his presence before the Special Judge (CBI) once in six months on the date assigned by the Special Judge.
v ) Upon failure to attend any two consecutive dates, the Special Court shall report the same to the High Court and the prosecution would be at liberty to file an application seeking cancellation of bail.
4/4 vi ) Learned counsel for the applicant seeks eight weeks time for furnishing sureties. Liberty as prayed for is granted. ( Smt. Sadhana S. Jadhav, J)