Abhiman Singh Man Bahadur Singh v. CBI Acb Pune And ANR.

rpa 1/3 7 ia 3093 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3093 OF 2021 IN CRIMINAL APPEAL NO.1028 OF 2021 Abhiman Singh Man Bahadur Singh .. Applicant

Versus

CBI ACB Pune & Anr.

.. Respondent ......

Mr.Vijay Shinganapurkar i/b. M/s.H.N. Associates, Advocate for the Applicant/Appellant.

Mr.S.H. Venegaonkar, Spl. P.P. for CBI.

Mr.Arfan Sait, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JANUARY 12, 2022.

P.C. :

Digitally signed by RAJESHRI PRAKASH AHER Date:

2022.01.15 11:56:58 +0530 This is an application for suspension of sentence and RAJESHRI PRAKASH AHER grant of bail during the pendency of criminal Appeal No.1028 of 2021.

Applicant has been convicted by the Special Judge (CBI-ACB), Pune vide judgment and order dated 30th November, 2021, for the ofences punishable under Sections 120B of IPC and

rpa 2/3 7 ia 3093 2021.doc Section 7 of the P.C. Act and Section 13(2) of Prevention of Corruption Act, and, sentenced to sufer rigorous imprisonment for two years, respectively. The applicant is also convicted for the ofence punishable under Section 13(2) of the Prevention of Corruption and and sentenced to sufer rigorous imprisonment for three years. The sentences are directed to run concurrently. The total fne amount imposed on the appellant is to the tune of Rs.75,000/-. Learned counsel for the appellant submitted that the trial Court has suspended the sentence after the judgment of conviction to enable the appellant to prefer Appeal against the impugned judgment. The fne amount has been deposited in the trial Court.

Learned counsel for the respondents submitted that now applicant/appellant has been convicted for the aforesaid ofences.

The sentence imposed by the learned Court is of short term. The appellant/applicant was on bail during the trial. The fne amount has been deposited in the trial Court. The sentence of imprisonment has been suspended for a temporary period.

rpa 3/3 7 ia 3093 2021.doc In the light of the aforesaid circumstances, this application has to be allowed.

Hence, I pass the following order:

:: O R D E R ::

(i) Interim Application No.3093 of 2021, is allowed; (ii) During the pendency of criminal Appeal No.1028 of 2021, the sentence of imprisonment awarded by Special Judge (CBI-ACB), Pune vide judgment and order dated 30th November, 2021, in Special Case (ACB) No.20 of 2018, is suspended and the applicant/appellant is directed to be released on bail on executing P.R. Bond in the sum of 20,000/-, with one or more sureties in the like amount;

(ii) The applicant/appellant is permitted to furnish cash bail in the sum of Rs.20,000/-, for a period of eight weeks, in lieu of surety;

(iii) Interim Application No.3093 of 2021, stand disposed of accordingly.

(PRAKASH D. NAIK, J.)