Bombay High Court
ILESH NEMISHCHANDRA SHAHversusTHE CENTRAL BUREAU OF INVESTIGATION AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The court suspended the applicant’s sentence and ordered his release on bail subject to a bond and sureties.
Summary
The applicant, Ilesh Nemishchandra Shah, was convicted under Sections 420, 467, 471 and 468 read with Section 120‑B of the Indian Penal Code and sentenced to rigorous imprisonment of three years, two years and two years respectively, along with a fine. During the trial he was released on bail and, according to his counsel, did not misuse his liberty. He filed an interim application seeking suspension of the sentence pending the hearing of his appeal. The respondent CBI opposed the application on the ground that the applicant might abscond if released. Justice Shivkumar Dige, after hearing both sides, noted the applicant’s clean bail record and the pending appeal, and ordered the suspension of the sentence with the applicant being enlarged on bail upon furnishing a bond of Rs.25,000 with one or two sureties, to be filed before the trial court. The interim application was therefore disposed of in the applicant’s favour.
Issues considered
- Whether the sentence of the convicted applicant should be suspended pending the disposal of his appeal
- Whether the applicant poses a risk of absconding if released on bail
Legislation cited
- Indian Penal Code, 1860 — s. 120-B, 420, 467, 468, 471
Subjects
- suspension of sentence
- bail
- IPC offences
- fraud
- forgery
- criminal conspiracy
- appeal
- interim relief
Judgment
905-IA-1106-2026.doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1106 OF 2026
IN
CRIMINAL APPEAL NO. 332 OF 2026
Ilesh Nemishchandra Shah … Applicant
Versus
Digitally signed
SONALI
SATISH
by SONALI
SATISH
KILAJE
Date:
The Central Bureau of Investigation and Anr. … Respondents
KILAJE 2026.04.10
10:30:37
+0700
_________________________________________________________________
Mr. Shubham Yadav a/w. Mr. Pankaj D. Purway, Advocate for the
Applicant.
Mr. Kuldeep Patil, Advocate for Respondent No.1-CBI.
Mr. B.B.Kulkarni, APP for the Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 8th APRIL, 2026.
P.C. :
1. By this application, the applicant is seeking suspension of
sentence.
2. It is contention of learned counsel for the applicant that
applicant has been convicted for the offence punishable under Section 420
r/w 120-B of Indian Penal Code, 1860 (for short “IPC”) and sentenced to
undergo rigorous imprisonment for three years and to pay fine of
Rs.50,000/- in default to further undergo simple imprisonment for one
month; for the offence punishable under Section 467 r/w 120-B of IPC
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S.S.Kilaje
he is sentenced to undergo rigorous imprisonment for three years; for the
offence punishable under Section 471 r/w Section 120-B of IPC, he is
sentenced to undergo rigorous imprisonment for two years; for the offence
punishable under Section 468 r/w Section 120-B of IPC, he is sentenced to
undergo rigorous imprisonment for two years.
3. Learned counsel for the applicant submits that during the
pendency of trial, the applicant was on bail and he has not misused the
liberty. Hence, requested to allow the application.
4. Learned APP strongly objected to allow the application on the
ground that if applicant’s sentence is suspended, he may abscond, hence
requested to reject the application.
5. I have heard both learned counsel. Perused impugned
Judgment and order. During trial, applicant was on bail. He has not
misused the liberty. It may take time to dispose of the appeal.
6. In view of above, the applicant’s sentence is suspended and he
is enlarged on bail, pending the hearing and final disposal of the appeal,
on the following terms and conditions.
ORDER
i. The applicant be enlarged on bail on furnishing
P.R.Bond in the sum of Rs. 25,000/- with one or two
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S.S.Kilaje
sureties in the like amount.
ii. The bail bond to be furnished before the Trial Court.
7. Interim application stands disposed of.
8. All concerned to act on an authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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