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Bombay High CourtIA/1567/2025disposed off

Sunil Dattatray Satam v. Central Bureau Of Investigation And ANR

2025-04-23Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 1567 OF 2025 IN CRIMINAL APPEAL NO. 427 OF 2025 Sunil Dattatray Satam .... Applicant

Versus

Central Bureau of Investigation and Anr.

.... Respondents ----- Mr. Sachhidanand Dalvi, Advocate for the Applicant. Ms. Sangeeta D. Shinde, APP, for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date:

2025.04.25 15:16:03 +0530 SHANTANU SHANKARSA DHUDUM DATE : 23rd APRIL, 2025.

P.C. :

1.

By this application, the Applicant is seeking suspension of sentence and bail during the pendency of appeal filed by the Applicant.

2.

The Applicant has been convicted by the Special Judge, CBI, Gr. Bombay, for the offence under Section 248(2) of the Code of Criminal Procedure for committing offence punishable under Section 120-B of the Indian Penal Code, 1860 and sentenced to suffer Rigorous Imprisonment for six months and to pay a fine of Shantanu S. Dhudum 1/3

Rs.5000/-. The Applicant has been convicted for the offence under Section 248(2) of the Code of Criminal Procedure for committing offence punishable under Section 420 of the Indian Penal Code, 1860 and sentenced to suffer Rigorous Imprisonment for one year and to pay a fine of Rs.10,000/-. The Applicant has been convicted for the offence under Section 248(2) of the Code of Criminal Procedure for committing offence punishable under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 and sentenced to suffer Rigorous Imprisonment for one year and to pay a fine of Rs.10,000/- 3.

It is contention of learned counsel for the Applicant that the trial Court has granted bail and suspended his sentence till during the appeal period. During the trial, the Applicant was on bail and has not misused the liberty. Hence, requested to allow the application.

4.

Learned APP for the Respondent - State strongly objected to allow the application.

5.

I have heard both learned counsel.

6.

The sentence imposed on the Applicant is short terms sentence. The trial Court has granted bail to the Applicant and suspended his sentence during the appeal period. During the trial, Shantanu S. Dhudum 2/3

the Applicant was on bail and has not misused the liberty. It may take time to dispose of the appeal.

7.

In view of the above, the Applicant's sentence is suspended and he is enlarged on bail, pending the hearing and final disposal of the appeal, on the following terms and conditions:

ORDER

i. The substantive sentence imposed on the Applicant in Special Case No.111 of 2014, in terms of order dated 27th February, 2025 passed by the learned Special Judge, CBI, Gr. Bombay, till final disposal of the appeal.

ii. The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount.

iii. The bail bond to be furnished before the trial Court.

. Criminal Interim Application stands disposed of. 8.

All concerned to act on the authenticated copy of this order.

( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 3/3