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 p. 1 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 p. 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 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 p. 3 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 p. 4 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 p. 5 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