In interim bail application before HC Bombay, the court suspended the sentence imposed on the applicant and granted release on bail subject to strict bonds and fine deposit, noting his bail history during trial.
Sentence suspended and release on bail granted conditional upon fresh bond and deposit of fine amounts within four weeks.
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.
(15)IA-444-2023.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.444 OF 2023 IN
CRIMINAL APPEAL NO.23 OF 2023
Rafiq Khanda ] .. Applicant vs. State of Maharashtra & Anr. ] .. Respondents
Mr.Mohit Dalvi a/w Amit Icham i/b Poonam Garde for the Applicant Mr.S.R. Agarkar, for State.
Mr.Shreeram Shirsat a/w Nishi Singhvi for CBI.
CORAM : BHARATI DANGRE, J
DATE : 08th March, 2023
P.C.
1] By the present Application, the Applicant seek suspension of sentence and his release on bail, on being convicted by the learned Special Judge by the impugned Judgment and order dated 02.11.2022 in CBI Special Case No.24/2005 @ 4/2006.
2] Heard the learned counsel for the Applicant and the learned counsel for CBI.
With their able assistance, I have perused the impugned Judgment.
1/2
(15)IA-444-2023.doc
3] The present Applicant is convicted for the offence punishable under Section 120-B alongwith 420, 467, 468 and 471 of the Indian Penal Code and he has been sentenced to suffer RI for 6 months and to pay fine of Rs.3000/- for each offence, in default, he is directed to undego RI for one month for each offence.
Substantive sentences are directed to run concurrently.
4] The learned counsel for the Applicant would submit that the Applicant was on bail while he underwent trial before the learned Special Judge and he has never misused the liberty conferred upon him. He would submit that considering the role that has been assigned to him by the prosecuting agency, he deserve continuation of his liberty pending the present Appeal.
5] The learned counsel for CBI do not dispute that the Applicant was on bail throughout the proceedings before the Special court when he was tried for the offence with which he was charged.
In the circumstances, I deem it appropriate to suspend the sentences imposed upon the Applicant by the impugned Judgment and order dated 02.11.2022. However, his release on bail shall be subject to the same terms and conditions, upon which he was released on bail by the Special Court, subject to fresh PR Bond being executed within a period of four weeks from today.
The learned counsel for the Applicant agree that he shall abide by the direction of depositing fine amount of Rs.3,000/- for each offence. This compliance shall also be ensured within a period of four weeks from today.
[BHARATI DANGRE, J]
2/2
2 issues framed by the court
Whether the sentence imposed on the applicant in the impugned judgment should be suspended pending the criminal appeal.
Whether the applicant, who was on bail during the trial, deserves to be released on bail pending the appeal.
5 provisions across 1 enactments
Rafiq Khanda
State of Maharashtra & Anr.
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
