BA 40/24 (Appeal 9/24) IN THE SPECIAL COURT FOR CBI AT GREATER BOMBAY

BAIL APPLICATION NO.40/2024 (CNR No.MHCC02-000251-2024) IN CRI. APPEAL NO.9/2024
IN C.C. NO.757/PW/2009

Akhtar Shahadat Shaikh ] ..Appellant / Ori.A-3

V/s.

State of Maharashtra (CBI ACB, Mumbai) ] .. Respondent

Appearance:Ld. Adv. Mr. SR Wani for applicant. Ld. SPP Mr. Gaikwad for CBI. CORAM: S.P.NAIK-NIMBALKAR SPECIAL JUDGE (CBI) C.R.NO.51). DATE : 04.01.2024. ORAL ORDER

1.This is an application on behalf of the appellant for bail during pendency of Criminal Appeal filed against the Judgment and order of conviction dated 5.12.2023, passed by Ld.Addl. Chief Metropolitan Magistrate, 3rd Court, Esplanade, Mumbai in CC No.757/PW/2009. The appellant is convicted for the offence punishable under Sections 120B, 420, 467, 468 and 471 of Indian Penal Code (IPC) vide Section 248(2) of the Code of Criminal Procedure, 1973 (Cr.P.C) and was sentenced to suffer simple imprisonment for two years under each Sections and was also directed to pay fine, in default to suffer further simple imprisonment for three months.

2.It is contended on behalf of the appellant that, he was on bail throughout the trial. The appellant is innocent and has been wrongly convicted.

The appellant deserves an opportunity to defend the case and refute the claim of the prosecution. It is contended on behalf of the appellant that he has no criminal antecedent. He has permanent residence, having deep roots in the society. Therefore, there is no chance to jump the bail. The appellant is having very good prima facie case to succeed in the above matter. Hence, it is prayed that the appellant may be released on bail with security on such suitable terms and conditions as this Court may deem just and proper in the given set of circumstances till the final hearing and disposal of the appeal.

3.CBI has filed say on the application itself, opposing the application on the grounds that, the appellant/accused is involved in serious economic offence and is convicted by the Ld. Trial Court by
giving proper reasoning against him. If he is released on bail, he would abscond and will not turn up before the Court and further wrong message will be passed to the society. Hence, by looking the serious nature of the case, there is no prima facie ground exists in this application to suspend the sentence and to release the accused on bail. Hence, the application may be rejected.

4.Heard the Ld. Adv. Mr Wani for the appellant and Ld. SPP Mr. Gaikwad for the CBI. Perused the application, say and the material placed on record.

5.As per submissions of Ld. Adv. Mr Wani for the appellant, the sentence imposed on the appellant is suspended by Ld. Trial Court vide order dated 5.12.2023 for 30 days and he was released on bail.
Rs.15,000/- cash security is deposed by the appellant and Rs.25,000/fine amount is also deposed by the appellant. He is ready to furnish copy of the order of suspension of sentence by the Ld. Trail Court by tomorrow. It is further submitted that, as today is the last date, the sentence may be suspended till final disposal of this appeal. Ld. PP has formally objected the above submission.

6.It is to be noted here that, the appellant has challenged the Judgment and order of conviction by filing Criminal Appeal.

The appellant was on bail during the trial. If the appellant is not released on bail, then the very purpose of the first appeal would be frustrated. Having regard to the nature of the offence and punishment provided for the same, I am of the considered view that this is a fit case to enlarge the applicant/appellant on bail. Hence, as per Sec.389(1) of Cr.P.C, I proceed to pass the following order :

ORDER

1.Bail Application No.40/2024 in Cr. Appeal No.9/2024 is hereby allowed.

2.Appellant/accused Akhtar Shahadat Shaikh shall be released on bail on executing PR of Rs.15,000/-, and one surety in the like amount.

3.He shall regularly attend the date of the appeal and co-operate for early disposal.

4.In lieu of executing surety bond, the accused to deposit Rs.15,000/- as cash security.

Sd/Date:- 4.1.2024 Dictated on Transcribed on Signed by HHJ on (S. P. NAIK-NIMBALKAR) Special Judge(CBI) Gr.Bombay (CR 51) : : : 4.1.2024 5.1.2024 5.1.2024 5 BA 40/24(Appeal 9/24)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Date 5.1.2024 at 5.35 pm UPLOAD DATE AND TIME . Name of the Judge (With Court room no.) (Nitin V. Ubale) Selection Gr. Stenographer(Gr.1) H.H.J.Shri.S.P.Naik-Nimbalkar (C.R.No.51) Date of Pronouncement of JUDGMENT/ 4.1.2024 ORDER JUDGMENT/ORDER signed by P.O. on 5.1.2024
JUDGMENT/ORDER uploaded on 5.1.2024