Partly allowed

Ganesh Chandra Das v. CBI Acb and Anr.

Bombay HC5 Mar 2019APPA/196/2019

Case brief

AI extract

What is this about?

High Court suspended the substantive sentence of imprisonment imposed on a corruption convict on appeal pending. Granted release on bail requiring surety equivalent to the bonded amount, citing prior bail history and low flight risk.

What did the court decide?

Substantive sentence suspended; applicant directed to be released on bail upon furnishing P.R. Bond of Rs.15,000/- and surety in like amount.

Ganesh Chandra Das Vs CBI Acb and Anr. — Corruption | Bombay HC (2019)

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(15)APPANo.1962019.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.196 OF 2019 IN

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CRIMINAL APPEAL NO.191 OF 2019

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Ganesh Chandra Das ... Applicant V/s. Central Bureau of Investigation, ACB & Anr. ... Respondents

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Mr.Amit Kadam i/b. H.N. Associates, Advocate for the Applicant.

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Ms.Kshitija Wadatkar with M.U.Rajput, Advocate for the Respondent No.1.

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Mr.S.V.Gavand, APP for the Respondent/State.

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CORAM : A.M.BADAR J.

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DATED : 5^th MARCH 2019.

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P.C. :

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1 This is an application for suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal filed by him. He is convicted of the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. On first count, he is sentenced to suffer rigorous imprisonment for three years and on the another count, he is sentenced to suffer rigorous imprisonment for four years.

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1/2

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Gaikwad RD

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(15)APPANo.1962019.doc

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2 Heard the learned Counsel appearing for the applicant/accused. He argued that during pendency of the trial, the applicant/accused was on bail and, as such, he needs to be released on bail.

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3 The learned Counsel appearing for the respondent No.1 opposed the application by contending that once the charge is proved by adducing clear and cogent evidence, the substantive sentence imposed on the applicant/accused cannot be suspended and the appeal needs to be heard on merit.

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4 I have carefully considered the submissions so advanced and perused the material on record.

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5 During the pendency of trial, the applicant/accused was on bail. He has not misused his liberty. Being a public servant, there is no possibility of his absconding and, therefore, the Order :

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ORDER

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(i) The substantive sentence of imprisonment imposed on the applicant/accused is suspended and he is directed to be released on bail on his executing P. R. Bond of Rs.15,000/- and on furnishing surety in the like amount.

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(ii) The application is disposed of accordingly.

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(A.M.BADAR J.)

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2/2

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Gaikwad RD

Ganesh Chandra Das v. CBI Acb and Anr.

Case brief

What is this about?

What did the court decide?

Ganesh Chandra Das v. CBI Acb and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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