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High Court of Gujarat

GIRISHKUMAR DHIRAJLAL SUJITRA (GIRISH D. PATEL)versusCENTRAL BUREAU OF INVESTIGATION

Disposal
58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Holding

The court allowed the regular bail application, suspended the sentence, and ordered release on bail with bond and conditions.

Summary

The applicants, who were convicted and sentenced to various terms for offences under IPC sections 420, 468, 471 and 120‑B, filed a regular bail application under Section 389 of the Criminal Procedure Code seeking suspension of their sentences pending appeal. The trial court had earlier suspended the sentences and released them on bail. The respondents (CBI and the State) opposed the application, but the High Court, after hearing counsel, held that the application required consideration and, without delving into the merits of the underlying case, allowed it. The court suspended the trial court's order of sentence during the pendency of the appeal and ordered the applicants to be released on regular bail upon furnishing a personal bond of Rs 5,000 each with a surety of the same amount, subject to standard conditions. The order was made absolute and direct service was permitted.

Issues considered

  • Whether a person sentenced to a fixed term may be released on regular bail under Section 389 CrPC pending an appeal against conviction.
  • Whether the sentence can be suspended during the pendency of the appeal.

Legislation cited

Subjects

regular bailSection 389 CrPCsentence suspensionappeal pendingIPC offencesbond conditionsconcurrent sentences

Judgment

     R/CR.MA/5804/2015                            ORDER DATED: 11/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 5804 of
                              2015
                 In R/CRIMINAL APPEAL/461/2015
                              With
               R/CRIMINAL APPEAL NO. 461 of 2015
==========================================================
                 GIRISHKUMAR DHIRAJLAL SUJITRA & ORS.
                                Versus
                CENTRAL BUREAU OF INVESTIGATION & ANR.
==========================================================
Appearance:
MR. ARSH R SHAIKH(6726) for the Applicant(s) No. 1,2,3
MR. RZ SHAIKH(6888) for the Applicant(s) No. 1,2,3
MR RC KODEKAR(1395) for the Respondent(s) No. 1
MS. C.M. SHAH, APP for the Respondent(s) No. 2
==========================================================
 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                            Date : 11/03/2026
                             ORAL ORDER


1.              RULE.    Learned    Additional    Public      Prosecutor

appears and waives service of notice of rule on behalf of the

respondent-State.

2.              By way of the present application under Section

389 of Code of Criminal Procedure, the applicants – original

accused nos. 2 to 4 are seeking suspension of sentence and

release on regular bail during pendency of the present appeal

against the judgment and order of conviction passed by the

learned Special Judge, CBI Court No.2, Ahmedabad in Special

ACB Case No. 34/1994 dated 24.02.2015, whereby, the

present applicant no.1 – original accused no.2 was sentenced


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   R/CR.MA/5804/2015                                      ORDER DATED: 11/03/2026




to simple imprisonment of 2 years and fine of Rs.10,000/- and

in default, simple imprisonment of 3 months for the offence

under Section 420 of IPC, simple imprisonment of 1 year and

fine of Rs. 5,000/- and in default, simple imprisonment of 2

months for the offence under Section 468 of IPC, simple

imprisonment of 6 months and fine of Rs.1000/- and in default,

simple imprisonment of 1 month for the offence under Section

471 of IPC and simple imprisonment of 6 months and fine of

Rs.1000/- and in default, simple imprisonment of 1 month for

the offence under Section 120-B of IPC, the applicant no.2 –

original accused no.3 was sentenced to simple imprisonment

of 1 year and fine of Rs.5,000/- and in default, simple

imprisonment of 3 months for the offence under Section 420

of IPC, simple imprisonment of 1 year and fine of Rs.2,000/-,

and in default, simple imprisonment of 2 months for the

offence under Section 468 of IPC, simple imprisonment of 3

months      and        fine   of   Rs.500/-,       and   in   default,      simple

imprisonment of 15 days for the offence under Section 471 of

IPC and simple imprisonment of 3 months and fine of Rs.500/-

and in default, simple imprisonment of 15 days for the offence

under Section 120-B of IPC and the applicant no.3 – original

accused no.4 was sentenced to simple imprisonment of 2


                                     Page 2 of 5
     R/CR.MA/5804/2015                                           ORDER DATED: 11/03/2026




years     and      fine         of    Rs.10,000/-        and   in    default,      simple

imprisonment of 3 months for the offence under Section 420

of IPC, simple imprisonment of 1 year and fine of Rs. 5,000/-

and in default, simple imprisonment of 2 months for the

offence under Section 468 of IPC, simple imprisonment of 6

months       and         fine    of     Rs.1000/-,       and   in    default,      simple

imprisonment of 1 month for the offence under Section 471 of

IPC and simple imprisonment of 6 months and fine of

Rs.1000/- and in default, simple imprisonment of 1 month for

the offence under Section 120-B of IPC. The learned Trial

Court was pleased to order that all the sentences of all the

accused shall run concurrently.


3.              Heard learned advocate Mr. Arsh Shaikh for the

applicants appearing through on-line mode, learned Special

Prosecutor Mr. R.C. Kodekar for the respondent no.1 - CBI

and learned APP Ms. C.M. Shah for the respondent no.2 -

State.


4.              Learned              advocate     Mr.     Arsh      Shaikh      for        the

applicants submits that the applicants have been sentenced

for a maximum period of 2 years by the judgment and order

dated 24.02.2015 and on the same day, the present applicant


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     R/CR.MA/5804/2015                        ORDER DATED: 11/03/2026




nos.1 and 2 had filed an application at Exh.563 and applicant

no.3 had filed an application at Exh.564 for suspension of

sentence and release on bail. The learned Trial Court was

pleased to allow the said applications and suspended the

order of sentence and released the applicants on bail. The

applicants have been protected till today and as the sentence

is for a fixed period, the application may be allowed and the

applicants be released on bail on regular terms and conditions

as this Court deems fit.


5.              Learned Special Prosecutor Mr. R.C. Kodekar for

the respondent no.1 - CBI and learned APP Ms. C.M. Shah for

the respondent no.2 – State have jointly submitted that as the

sentence is for a fixed period and for a short-term, necessary

orders maybe passed.


6.              Having heard learned advocates for the respective

parties and having perused the record, without entering into

the merits of the case, this court is of the opinion that the

application requires consideration and accordingly, is allowed.

The order of sentence passed by learned trial Court is

suspended during pendency of the appeal and the present

applicants are ordered to be released on bail on furnishing


                                Page 4 of 5
      R/CR.MA/5804/2015                                                   ORDER DATED: 11/03/2026




personal bond of Rs.5,000/- (Rupees Five Thousand Only) each

with surety of the like amount to the satisfaction of the trial

court and on the following conditions:

         (i)           shall not take undue advantage of liberty or
                       misuse liberty;

         (ii)          shall not leave India without prior permission of
                       this Court;

         (iii)         shall      furnish         the      present         address          of    their
                       residence to the Court concerned at the time of
                       execution of the bond and shall not change the
                       residence without the prior permission of this
                       Court;

         (iv)          shall maintain law and order;

         (v)           shall not indulge in any activity leading to
                       breach of public peace and tranquility.


6.                Rule is made absolute. Direct service is permitted.




                                                                                     (S. V. PINTO,J)
ROHAN SONI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 12/03/2026 17:46:26




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