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Bombay High CourtAPPA/1397/2016bail granted

Bradier (Retired ) G. Dinshaw v. Central Bureau Of Investigation And ANR

2016-12-06Hon'Ble Justice Revati Mohite Dere4 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1397 OF 2016 IN CRIMINAL APPEAL NO.729 OF 2016 Brigadier (Retired) G. Dinshaw .Applicant Vs.

Central Bureau of Investigation .Respondents & anr.

Mr.V.V.Salunkhe i/b. Mr.S.K.Sherikar, Advocate, for the Applicant Ms Rebecca Gonsalves, Advocate, for the Respondent No.1 - CBI Mr.P.H.Gaikwad-Patil, APP, for the Respondent No.2 - State CORAM :

REVATI MOHITE DERE, J.

DATE : 06.12.2016 P.C.

.

Heard learned counsel for the parties.

2.

The Applicant has been convicted for the offence punishable under Section 5(5) and Section 13(2) r/w. 13(1)(d) of the Prevention of Corruption Act as well as for the offences punishable under Sections 420, 468, 471

punishable under Section 465 of the Indian Penal Code. The Applicant has been sentenced to suffer maximum imprisonment for a period of three years for the offences punishable under Sections 420 & 468 and under Sections 13(2) r/w. 13(1)(d) of the Prevention of Corruption Act and has been sentenced to suffer two years for the offence under Section 471 punishable under Section 465 of the Indian Penal Code. The sentences were directed to run concurrently. After the conviction, the Applicant's sentence was suspended till the Appeal period and the Applicant was released on bail pending the Appeal period.

3.

Learned counsel for the Applicant states that the Applicant whilst on bail has not abused his liberty. He states that the Applicant has also deposited the fine amounts.

4.

The Applicant was on bail pending trial and has not abused his liberty. The Appeal has been admitted by a separate order today and is not likely to come up for hearing in the immediate near future.

5.

Considering the aforesaid, the Application is allowed and the Applicant is enlarged on bail on the following terms & conditions:-

O R D E R

(i) The applicant be enlarged on bail, on executing PR Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;

(ii) The applicant shall inform his latest place of residence and mobile contact number/telephone numbers immediately after being released and/or change of residence or mobile/telephone details, to the Respondent No.1 - CBI.

6.

Accordingly, the Application is disposed of.

Parties to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)