Surendra V. Azad And Another v. Central Bureau Of Investigation Civil Lines Nagpur
2024:BHC-NAG:5988 1 29-Cri.Appeal 288.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 519 OF 2024 IN CRIMINAL APPEAL NO. 288 OF 2024 Surendra V. Azad and another ..VS..
Central Bureau of Investigation, Civil Lines, Nagpur --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Prakash Naidu, Advocate for applicant/appellant. Mr. Prashantkumar Sathianathan, Advocate for respondent. CORAM : G.A. SANAP, J.
DATED : 12 th JUNE, 2024 This is an application for suspension of sentence awarded by learned Special Judge, CBI Court, Nagpur whereby the appellants were convicted and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.1,00,000/- each for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and Section 120B of the Indian Penal Code, 1860. 2.
It is stated that the applicants/appellants have good case on merit. They were on bail during the pendency of the trial. The appeal filed by them would take its own time for adjudication. Therefore, they have prayed for suspension of sentence and to release them on bail. It is stated that fine amount has been already deposited.
2 29-Cri.Appeal 288.2024 3.
Learned Advocate for the respondent seeks time to file reply. The record shows that sufficient time has already been granted therefore, his prayer for time to file reply cannot be granted.
4.
It is pertinent to note that during the pendency of the trial, the accused were on bail. There is no grievance that they misused the bail conditions. Appeal filed by them would take its own time for adjudication. The sentence awarded is five years rigorous imprisonment. The appellants have deposited the fine amount. 5.
In the circumstances, in my view, keeping in mind the above stated facts, it would be just and proper to suspend the sentence and release the applicants/appellants on bail. Hence, I pass the following order :
(i) The Criminal Application No.519/2024 is allowed. (ii) The substantive sentence awarded as above by the learned Special Judge, CBI Court, Nagpur shall remain suspended during the pendency of this appeal.
(iii) The applicants/appellants Surendra V. Azad and Ajay Bhalchandra Pahade be released on bail on their furnishing P.R. bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one or two solvent sureties in the like amount. (iv) Bail be furnished before the trial Court.
3 29-Cri.Appeal 288.2024 (v) The applicants/appellants shall remain present before the Court at the time of final hearing of this appeal.
The application stands disposed of in the aforesaid terms.
(G.A. SANAP, J.) Kirtak