High Court granted bail to the applicant, who was on bail pending trial, after conviction for criminal conspiracy and cheating. The court also suspended the deposit of the imposed fine pending appeal hearing.
Enlargement on bail and suspension of the fine amount pending appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.280 OF 2017 (For Bail) IN
CRIMINAL APPEAL NO.146 OF 2017
Abdul Samad Shaikh Hussain ...Applicant Versus The Central Bureau of Investigation and Anr. ...Respondents
Mr.Girsh R. Agrawal, for the Applicant.
Mr.H.S.Venegaonkar, Special Public Prosecutor, for the Respondent No.1CBI.
Mr.V.V.Gangurde, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J.
DATE : 14th JUNE, 2017
P.C. :
pending the hearing and final disposal of his appeal. The applicant also seeks suspension of the fine amount, imposed by the learned Special Judge (CBI-ACB Cases), Pune, pending the hearing and final disposal of
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the appeal.
− for the offence punishable under Sections 120B of Indian Penal Code, to suffer imprisonment for 3 years and to pay fine of Rs.5,00,000/in default to suffer S.I. for 9 months;
− for the offence punishable under Sections 420 of Indian Penal Code to suffer imprisonment for 3 years and to pay fine of Rs.5,00,000/- in default to suffer S.I. for 9 months.
(Both the sentences are directed to be run concurrently.)
on bail, pending trial and that he has not abused or misused the liberty granted to him. He submitted that the applicant's sentence was suspended after his conviction, by the learned Special Judge, Pune. The said statement is not disputed by the learned Special Public Prosecutor. He submitted that the direction to deposit the fine amount of Rs.10 lakhs is
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extremely harsh and unreasonable. He submits that the applicant has a good case on merits and as such pending the hearing and final disposal of his appeal, the operative part of the impugned order directing the applicant to deposit an amount of Rs.10 lakhs be suspended.
ORDER
(i) The Applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.15,000/- with one or two sureties in the like amount.
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(REVATI MOHITE DERE, J.)
2 issues framed by the court
Whether the applicant is entitled to bail pending disposal of his criminal appeal.
Whether the fine imposed on conviction should be suspended pending appeal.
Abdul Samad Shaikh Hussain
The Central Bureau of Investigation
Anr.
REVATI MOHITE DERE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
