Nareshkumar Govardhandas Bhatia v. The Central Bureau Of Investigation And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1178 OF 2024 WITH INTERIM APPLICATION NO.4635 OF 2024 Nareshkumar Govardhandas Bhatia .... Appellant V/s.

Central Bureau of Investigation & Anr.

.... Respondents ---- Mr.D.U. Mirajkar, for the Appellant.

Mr.Jai Vohra i/b SPP Mr.Amit Munde, for Respondent No.1CBI. Mr.C.D. Mali, APP, for Respondent No.2-State. by NILAM SANTOSH KAMBLE Date: 2024.11.28 10:15:10 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 21st NOVEMBER 2024 P.C:- INTERIM APPLICATION NO.4635 OF 2024 .

Heard learned counsel for the Appellant/Applicant and learned APP for the Respondent-State.

2.

The learned counsel for the Appellant/Applicant submits that, the Applicant has convicted under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 ('PC Act' for short) vide Section 248(2) of the Code of N.S. Kamble page 1 of 3

Criminal Procedure and sentenced to suffer one year rigorous imprisonment for one year and pay fine of Rs.1,000/- in each default and to suffer further simple imprisonment for one month. And convicted for the offences punishable under Section 120B r/w 420 of the Indian Penal Code vide Section 248(2) of the Code of Criminal Procedure and sentenced to suffer rigorous imprisonment for one year and pay fine of Rs.1,000/- each in default to simple imprisonment for one month. 3.

The learned Trial Court has suspended the sentence for the Appeal period. The Appeal period expired on 24th October 2024, hence, requested for continuation of the said order.

4.

The learned APP submits that appropriate order be passed.

5.

Considering the submission of both learned counsel as well as sentence imposed on the Applicant is short term sentence. During trial Applicant was on bail. He has not misused the liberty. Considering these facts, the sentence is suspended till final disposal of the Appeal.

N.S. Kamble page 2 of 3

6.

The Application is disposed of.

CRIMINAL APPEAL NO.1178 OF 2024 7.

Heard learned counsel for the Appellant.

8.

At the request of the learned Special PP for Respondent-CBI. Stand over to 18th December 2024. 9.

Issue notice to the Respondents, returnable on 18th December 2024.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3