Partly allowed

Uday Singh Meena v. the Central Bureau of Investigation and Anr.

Bombay HC17 Apr 2023IA/1373/2023

Case brief

AI extract

What is this about?

On an interim application, the High Court suspended the sentence of the applicant convicted under the Prevention of Corruption Act and IPC following the Apex Court decision in Bhagwan Rama Shinde. The applicant was released on bail. The appeal hearing is expedited.

What did the court decide?

Sentence imposed by the CBI Special Judge was suspended; applicant released on bail; appeal hearing expedited.

Uday Singh Meena Vs the Central Bureau of Investigation and Anr. — Corruption | Bombay HC (2023)

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1/2 14.1 IA-1373-23.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.1373 OF 2023

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CRIMINAL APPEAL NO.432 OF 2023

Uday Singh Meena

.. Applicant

Versus

The Central Bureau of Investigation & Anr.

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.. Respondents

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Mr.Anil Lalla with Mr.Adity Singh i/b Lalla & Lalla for the Applicant.

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Mr.Shreeram Shirsat for the Respondent No.1/C.B.I. Mr.S.R.Agarkar, A.P.P. for the State.

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CORAM: BHARATI DANGRE, J. DATED : 17^th APRIL, 2023

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P.C:-

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By the present Application, the Applicant seeks suspension of sentence imposed on him in CBI Special Case No.78 of 2014 by the Special Judge for CBI, thereby convicting him for the offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. Upon conviction, he has been sentenced to suffer R.I. for one year and to pay of Rs.5,000/-, in default to undergo S.I. for 15 days. The Applicant is also convicted for committing the

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M.M.Salgaonkar

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2/2 14.1 IA-1373-23.odt

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offence under Sections 120-B and 418 of IPC and sentenced to suffer R.I. for three months. The substantive sentences are directed to run concurrently.

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Considering the fied term of sentence imposed upon the Applicant by the impugned judgment, in the wake of the decision of the Apei Court in Bhagwan Rama Shinde Gosai & Ors. Vs. State of Gujarat (1999) 4 SCC 421 , the sentence deserve to be suspended.

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Accordingly, the sentence imposed on the Applicant vide judgment dated 27/02/2023 in CBI Spl.Case No.78 of 2014, is hereby suspended.

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In the wake of the above, the Applicant also deserve his release on bail. Since, it is informed that the bail bond is already furnished by the Applicant very recently, when the CBI Special Judge released him on bail, subject to the same bail bond, he is released on bail.

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Interim Application stands disposed off in the aforestated terms.

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Since it is informed by the learned counsel for the Applicant that due to anti corruption case, he stood suspended from service and, subsequently dismissed, hearing of the Appeal is eipedited. The Registry is directed to eipedite the process of calling for R & P and preparation of the paper-book.

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( SMT. BHARATI DANGRE, J.)

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M.M.Salgaonkar

Uday Singh Meena v. the Central Bureau of Investigation and Anr.

Case brief

What is this about?

What did the court decide?

Uday Singh Meena v. the Central Bureau of Investigation and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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