Bombay High Court
APPA/1677/2011 of VIJAY DATTATRAY DESHPANDE AND ANR Vs THE STATE OF MAHARASHTRA AND ORS on 29 December 2011
HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1677 OF 2011 IN CRIMINAL APPEAL NO. 1610 OF 2011 Vijay Dattatray Deshpande & Anr. ...Applicants. Vs. The State of Maharashtra & Ors. ..Respondents. ----- Mr. Kunal Patkar, for the Applicants. Mrs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1677 OF 2011
INCRIMINAL APPEAL NO. 1610 OF 2011
Vijay Dattatray Deshpande & Anr.
...Applicants.
Vs.
The State of Maharashtra & Ors...Respondents.
-----
Mr. Kunal Patkar, for the Applicants.Mrs. AA. Mane, A.P.P. for the State.Mr. Amol Basa, P.C. from CBI in person.
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CORAM: M.L. TAHALIYANI, J.
DATE : DECEMBER 29, 2011.
P.C.:
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1. Heard Mr. Patkar, learned counsel for the applicants, Mrs. Mane, learned A.P.P. for the State. None has appeared for the C.B.I. though served. One P.C. is present in the court. However, he is not aware of the matter.
APPA.1677-2011.sxw
2. The application is, therefore, being decided on merits after hearing learned A.P.P. appearing on behalf of the State.
3The applicant nos.1 and 2 Vijay Deshpande and Vaishali Deshpahde respectively are convicted by the Trial Court for the offencess punishable u/s 120B of the Indian Penal Code and are sentenced to suffer R.I. for five years and to pay a fine of Rs.20,000/- each and in default to undergo further S.I. for further period of six months each. Applicant Nos.1 and 2 are further convicted for the offences punishable u/ss 467, 468 and 471 of the Indian Penal Code and and are sentenced to suffer R.I. for 5 years each and also to pay fine of Rs.20,000/- each and in default to undergo further S.I. for further period of six months. They are further convicted of the offences punishable under Section 477A of the I.P.C. and similar sentence has been imposed upon them. Both of them are also convicted for the offences punishable u/s 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act and to suffer similar sentence. The substantive sentences passed against them are directed to run concurrently by the judgment dated 19.12.2011. The applicant nos.1 and 2 are the original accused nos.1 and 2. There are two other accused i.e. Jyoti Velingkar and Mr. Sanjay Velingkar, the original accused nos.3 and 4.
Accused no.2 is wife of accused no.1 and accused no.3 is wife of accused no.4.
4. Applicant Nos.1 and 2 are about 67 and 65 years of age respectively. Both of them had been dismissed from service. The final hearing of the appeal may take considerable time. Both the applicants have been attending the Trial Court without there being any bail bonds. As such, there is no apprehension of their absconding and evading hearing of the appeal.
5. In the circumstances, I pass the following order:
(i) Substantive sentences imposed on applicant nos.1 and 2
shall remain suspended till the final hearing of the appeal.
(ii) In the event, of applicants’ paying fine amount imposed by the Trial Court, the applicants be released on bail in the sum of Rs.40,000/- each with one solvent surety or cash deposit of Rs.40,000/- each in lieu of surety. (I am told that fine amountis paid).
(iii) The applicants shall not leave the territorial jurisdiction of Nashik without prior intimation in writing to the C.B.I. Nashik without prior intimation in writing to the C.B.I.
(iv) Passport, if any, of the applicants be deposited with the
C.B.I. within 10 days from the date of release.
6. Criminal Bail Application is accordingly disposed of.
(M.L. TAHALIYANI, J.)