Shekhar S/O. Vitthalrao Umredkar v. Union Of India And ANR

dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1165 OF 2016 IN CRIMINAL APPEAL NO. 630 OF 2016 IN C.B.I.SPECIAL CASE NO.74 OF 2006 Shekhar s/o Vitthalrao Umredkar ...Applicant vs The Union of India & Anr.

...Respondents

.....

Mr M.G.Shukla i/b M.D.Pareek for the Applicant Ms V.S.Mhaispurkar, APP for the State.

.....

CORAM : P.N.DESHMUKH, J.

03 OCTOBER, 2016 P.C. :

Issue notice to the Respondents. Learned APP accepts notice on behalf of Respondent No.2 - State of Maharashtra. Heard. Learned counsel for the Applicant submits that the applicant be released on bail, on suspending his sentence. It is further contended that the applicant on being convicted by the learned Special Court, had already deposited the fine amount and his sentence is suspended by the learned Special Court for a period of sixty days and thus prays that the application be allowed by granting bail to the applicant as the Pg 1 of 3

applicant was on bail pending trial.

Record reveals that the applicant came to be convicted for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 ( the "Said Act") and is sentenced to suffer Rigorous Imprisonment for two years and to pay fine of Rs.15,000/- I/d to suffer further Rigorous Imprisonment for six months for the offence P/u/s 7 of the Said Act; and is convicted to suffer Rigorous Imprisonment for three years and to pay fine of Rs.15,000/- I/d to suffer further Rigorous Imprisonment for six months for the offence P/u/s 13(1)(d) r/w 13(2) of the Said Act. Both the sentences are directed to run concurrently. By an order dated 12 August, 2016, the sentences imposed aforesaid, are suspended by the learned Special Court for the period of 60 days, which shall come to an end on 11 October, 2016.

Considering the term of imprisonment as aforesaid, and as the applicant was on bail pending trial, the application is liable to be allowed as per order below:

ORDER

(i) The applicant shall be released on bail on executing his P.R. in the sum of Rs.25,000/- with one or two sureties Pg 2 of 3

in the like amount;

(ii) While on bail the applicant shall mark his presence to the Special Court, Mumbai taking CBI, ACB matters once in six months on the first day of each month, pending appeal;

(iii) The applicant shall furnish proof of his residential address with Special Court, Mumbai taking CBI, ACB matters and shall update the same if changed in future. The application is disposed of accordingly.

( P.N.DESHMUKH J. ) Pg 3 of 3