Bombay High Court
Ali Hasan vs Cbi, Acb Mumbai And Anr on 29 November, 2019
Author: N. J. Jamadar
Bench: N. J. Jamadar
912-ia-1-2019
vks
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1 OF 2019
IN
CRIMINAL REVISION APPLICATION NO.560 OF 2019
Ali Hasan ... Applicant
V/s.
CBI, ACB Mumbai & Anr. ... Respondents
Mr. Bhavesh M. Thakur, for the applicant
Mr. Vinod Chate, APP for respondent State, respondent
No.2.
Mr. Ajay Bhise i/by H.S. Venegaonkar, for respondent No.1.
CORAM : N. J. JAMADAR, J.
DATE : 29th November, 2019. P.C. : 1] This Interim application has been preferred by the applicant for
suspension of sentence during the pendency of this Revision Application. 2] The challenge in this Revision is to the judgment and order in Criminal Appeal No.220 of 2018, passed by the learned Special Judge, CBI, whereby the learned Judge has confirmed the judgment and order of conviction of the applicant for the offence punishable under Section 409 of the Indian Penal Code and the sentence of three years simple imprisonment and fine of Rs.15,000/- with default stipulation, passed by the learned Additional Chief Metropolitan Magistrate, 3rd Court, Esplanade, Mumbai in 1/3 ::: Uploaded on - 29/11/2019 ::: Downloaded on - 30/11/2019 04:08:59 ::: 912-ia-1-2019 C.C. No.904/PW/2008. The applicant was convicted by the learned Additional Chief Metropolitan Magistrate, for the offences punishable under Sections 420, 409 and 477A of the Indian Penal Code, and was sentenced to suffer Simple Imprisonment for three years and pay fine of Rs.15,000/- on each count. On appeal, the learned Special Judge, set aside the order of conviction and sentence for the offence punishable under Sections 420 and 477A of the Indian Penal Code, while upholding the conviction and sentence for the offence punishable under Section 409 of the Indian Penal Code. 2] It is pointed out that the applicant has served respondent No.1 prosecuting Agency.
3] The applicant was on bail, during the pendency of the trial and the appeal as well.
4] Having regard to the nature of offence, for which the applicant has been convicted by the learned Special Judge, the quantum of sentence and the situation in the life of the applicant and the possibility of the Revision Application being not taken up for final hearing in immediate future, the applicant deserve to be released on bail during the pendency of this Revision Application. Hence the following order.
Order I] Application stands allowed.
ii] The substantive sentence for the offence punishable under 2/3 ::: Uploaded on - 29/11/2019 ::: Downloaded on - 30/11/2019 04:08:59 ::: 912-ia-1-2019 Section 409 of the Indian Penal Code, imposed by the learned Additional Chief Metropolitan Magistrate, 3rd Court, Esplanade by the judgment and order dated 28 th February, 2018 and confirmed by the learned Special Judge, in Criminal Appeal No.220 of 2018, by the judgment and order dated 20 th November, 2019, stands suspended till disposal of the Revision Application.
iii] The applicant accused be released on bail on furnishing a P. R. bond in the sum of Rs.10,000/- and a surety in the like amount to the satisfaction of the learned Additional Chief Metropolitan Magistrate, 3rd Court Esplanade, Mumbai. iv] Application stands disposed of accordingly. v] All concerned to act on the authenticated copy of this order.
[N. J. JAMADAR, J.] 3/3 ::: Uploaded on - 29/11/2019 ::: Downloaded on - 30/11/2019 04:08:59 :::