GIRISHKUMAR DHIRAJLAL SUJITRA (GIRISH D. PATEL)versusCENTRAL BUREAU OF INVESTIGATION
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- S V PINTO
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
- Code of Criminal Procedure, 1973s. 389
- Indian Penal Code, 1860s. 120-B, s. 420, s. 468, s. 471
Subjects
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
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GIRISHKUMAR DHIRAJLAL SUJITRA & ORS.
Versus
CENTRAL BUREAU OF INVESTIGATION & ANR.
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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
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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
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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
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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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