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Bombay High CourtAPPA/1461/2016bail granted

Bharat Chaturbhuj Vedant And ANR v. State Of Maharashtra And ANR

2016-12-08Hon'Ble Justice Revati Mohite Dere4 pages

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1461 OF 2016 IN CRIMINAL APPEAL NO.752 OF 2016 1.

Bharat Chaturbhuj Vedant 2.

Sandeep Ramesh Vedant ...Applicants

Versus

The State of Maharashtra and Anr.

...Respondents

Mr.J.H.Khajotia, for the Applicants.

Mr.S.V.Gavand, APP for the Respondent No.1-State. Mr.H.S.Venegaonkar for the Respondent No.2 - CBI. CORAM : REVATI MOHITE DERE, J.

DATE : 8th DECEMBER, 2016 P.C. :

1.

Heard learned Counsel for the applicants, learned A.P.P. and the learned counsel for the Respondent no.2- CBI. 2.

The applicants, (original accused nos.1 and 3), vide Judgment and Order dated 25th November, 2016, passed by learned Special Judge (CBI)/The Additional Sessions Judge, Greater Bombay (CR No.51), have been convicted and sentenced as under:-

2/4 − for the offence punishable under Sections 120B r/w 467 of the Indian Penal Code to suffer R.I for 5 years and to pay fine of Rs.10,000/- in default to suffer R.I. for 3 months;

− for the offence punishable under Sections 420 r/w 120B of the Indian Penal Code to suffer R.I for 3 years and to pay fine of Rs.10,000/- in default to suffer R.I. for 3 months;

− for the offence punishable under Sections 467 r/w 120B of the Indian Penal Code to suffer R.I for 5 years and to pay fine of Rs.10,000/- in default to suffer R.I. for 3 months;

− for the offence punishable under Sections 468 r/w 120B of the Indian Penal Code to suffer R.I for 3 years and to pay fine of Rs.10,000/- in default to suffer R.I. for 3 months and − for the offence punishable under Sections 471 r/w 120B of the Indian Penal Code to suffer R.I for 2 years and to pay fine of Rs.10,000/- in default to suffer R.I. for 1 month.

3.

Learned Counsel for the applicants states that the applicants were on bail throughout trial, and that they have not abused or misused the liberty granted to him. He submits that the applicants have deposited the

3/4 fine amounts as directed vide Judgment and Order dated 25th November, 2016. He further submits that the appeal is not likely to be heard in the immediate near future and as such prays that the applicants be enlarged on bail, pending the hearing and final disposal of their Appeal. 4.

Perused the papers. It is not in dispute that the applicants were on bail throughout trial and that they have not abused or misused the liberty granted to them. The appeal is not likely to be heard in the immediate near future.

5.

Considering the aforesaid, the applicants' sentence is suspended and they are enlarged on bail, pending the hearing and final disposal of their Appeal, on the following terms and conditions :

ORDER

(i) The applicants be released on cash bail in the sum of Rs.50,000/- each, for a period of four weeks; (ii) The Applicants shall thereafter furnish P.R. Bond in the sum of Rs.50,000/- each, with one or two sureties in the like amount, within a period of four weeks of their release on cash bail;

4/4 (iii) The applicants shall inform their latest place of residence and mobile contact number in writing, immediately after being released and/or change of residence or mobile details, if any, from time to time to the office of the CBI.

6.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.