Santoshkumar Pannalal Tiwari vs The State Of Maharashtra
2021 Latest Caselaw 6340 Bom

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nsc.
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION
                CRIMINAL INTERIM APPLICATION NO.1197 OF 2021
                                   IN
                      CRIMINAL APPEAL NO. 331 OF 2021

       Santoshkumar Pannalal Tiwari                            ...Applicant
           Versus
       The State of Maharashtra                                ...Respondent
       Mr. N. S. Mundargi i/b Mr. Advait U. Shukla, for the Applicant.

       Ms. S. V. Sonawane, A.P.P for the Respondent-State.

                                       CORAM : REVATI MOHITE DERE, J.
                                       DATE :   8th APRIL, 2021

       P.C. :

       1.             Heard learned counsel for the parties.



       2.             By this application, the applicant seeks suspension of his

       sentence and enlargement on bail, pending the hearing and final disposal of

       his appeal.


       3.               The Applicant vide Judgment and Order dated 30 th March

       2021, passed by learned District Judge-6 and Additional Sessions Judge,

       Thane, in Special MPID Case No.01 of 1999, has been convicted and




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sentenced as under:-

-                  for the offence punishable under Section 420 of the Indian

Penal Code and under Section 3 of the Maharashtra Protection of Interest

of Depositors Act, to suffer rigorous imprisonment for 5 years and to pay

fine of Rs.50 lakhs, in default of payment of fine, to undergo simple

imprisonment for 1 year.


4.                 Learned Counsel for the applicant submits that the learned

Judge has erred in directing payment of Rs. 50 lakhs as fine. He submits

that out of the 41 witnesses examined by the prosecution, 23 witnesses have

clearly stated in their evidence that they have received their amounts and

that they have no grievance against the applicant; although 9 witnesses in

their examination-in-chief had stated that they have not received the

amount, in their cross-examination, they have admitted to having received

the amounts. He submits that only 5 witnesses have stated that they have

not received the amounts from the applicant and that the said amount

comes to about Rs.5,15,000/-. Learned Counsel relied on para 58 of the

impugned order, in support of his submission. He submits that the learned

Judge has observed that if the said amounts would have been invested by

the said persons, the amount would have           been doubled in 20 years.

Learned         Counsel for the applicant submits that the applicant, without




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prejudice, is            ready to deposit Rs.20 lakhs, in the trial Court, if given

sufficient time. Statement accepted.


5.                   The applicant's Appeal has been admitted by this Court vide

order dated 5th April 2021 and the same is not likely to come up for the

hearing in the immediate near future . The sentence awarded is a short term

sentence. It is not in dispute that the applicant was on bail, pending trial

and that he has not abused or misused the liberty granted to him.


6.                    Considering the aforesaid, the application is allowed and the

applicant's sentence is suspended and he is enlarged on bail, pending the

hearing and final disposal of his Appeal, on the following terms and

conditions :

                                            ORDER

i) The Applicant be released on cash bail in the sum of

Rs.25,000/-, for a period of four weeks;

ii) The Applicant shall within the said period of four weeks,

furnish P.R. Bond in the sum of Rs.25,000/-, with one or two sureties in

the like amount;

iii) The Applicant shall deposit Rs.20 lakhs in the trial Court i.e.

Rs. 10 lakhs within eight weeks from the date of his release and the balance

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amount of Rs.10 lakhs within eight weeks thereafter;

iv) The Applicant shall report to the trial Court, once in four

months on the day/date specified by the trial Court, till his Appeal is

finally disposed of;

v) The Applicant shall keep the trial Court informed of his

current address and mobile contact number and/or change of residence or

mobile details, if any, from time to time;

vi) If there are two consecutive defaults in appearing before the

trial Court, the learned Judge shall make a report to the High Court and the

prosecution would be at liberty to file an application seeking cancellation

of bail.

7. The Application is allowed in the aforesaid terms and is

accordingly disposed of.

8. All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.