Single judge suspended the sentence imposed upon a convicted applicant during pendency of his appeal, subject to execution of a fresh PR bond within four weeks and payment of the imposed fine.
Sentence suspended; release on bail subject to same terms, fresh PR bond within four weeks, and deposit of fine 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-449-2023.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.449 OF 2023 IN
CRIMINAL APPEAL NO.25 OF 2023
Maqsood Abdul Karim Bakali ] .. 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.
3] The present Applicant is convicted for the offence punishable under Section 120-B alongwith 420, 467, 468, 471 read with 120-B of
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(15)IA-449-2023.doc
the Indian Penal Code and he has been sentenced to suffer RI for 1 year and to pay fine of Rs.5000/- for each offence, in default, he is directed to undego RI for three months for each offence.
Substantive sentences are directed to run concurrently.
4] The learned counsel for the Applicant would submit that the Applicant has undergone imprisonment from 07.11.2006 to 05.01.2007 and thereafter he 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 underwent imprisonment for the abovesaid period and was on bail during 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.5,000/- for each offence. This compliance shall also be ensured within a period of four weeks from today.
[BHARATI DANGRE, J]
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1 issue framed by the court
Whether the sentence imposed upon the applicant should be suspended pending the outcome of the criminal appeal.
5 provisions across 1 enactments
Maqsood Abdul Karim Bakali
State of Maharashtra
BHARATI DANGRE
As recorded by the court registry
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