Krishan Kumar Gupta S/O Shri ... vs The Central Bureau Of ...
2021 Latest Caselaw 17671 Bom

P.H. Jayani                                        09 APEAL966.2021.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 2874 OF 2021
                                  IN
                   CRIMINAL APPEAL NO. 966 OF 2021

Krishan Kumar Gupta
s/o. Shri. Kacharulal Gupta                    .... Applicant
            v/s.
The Central Bureau of Investigation,
Mumbai and anr.                                .... Respondents

Mr. Ashok M. Saraogi i/b. Mr. Kunal P. for the Applicant.
Mr. Kuldeep Patil for Respondent No.1/CBI.
Mr. P.H. Gaikwad, APP for the State.

                        CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 20th DECEMBER, 2021.

P. C. :-

. By this Application filed under section 389 of Cr.P.C., the

Applicant has sought suspension of substantive sentence as well as fine

imposed by judgment dated 22/11/2021 in CBI Special Case

No.28/2005.

2. By the impugned judgment, the learned Special Judge (CBI),

Greater Bombay has held the Applicant (accused no.1) guilty of

offences under Sections 120-B, 420, 471 r/w. 120-B of the Indian Penal

Code. He has been sentenced to undergo maximum term of

imprisonment of six years with total fine of Rs.10,20,00,000/-.

P.H. Jayani 09 APEAL966.2021.doc

3. Heard Mr. Ashok Saraogi, learned counsel for the Applicant, Mr.

Kuldeep Patil, learned counsel for Respondent No.1/CBI and Mr. P.H.

Gaikwad, learned APP for the State. I have perused the records and

considered the submissions advanced by the learned counsels for the

respective parties.

4. The charge against the Applicant (accused no.1) was that during

the period between 1997 to 1998, the Applicant along with the co-

accused forged and fabricated certain documents and induced the

Custom Department to pay the amount of Rs.2,32,09,117/- and has

thereby caused wrongful loss to the Government to the extent of

Rs.2,32,09,117/-.

5. The sentence imposed is of short term imprisonment. Considering

the large pendency of the cases and also the situation arising from

Covid-19 pandemic, it will not be possible to take up the Appeal in

immediate future. Moreover, the Applicant was on bail pending trial.

He has not misused the liberty.

6. The learned Judge has imposed fine of Rs.10,20,00,000/- mainly

on the ground that "value of fraud as on today is more than 18 crores".

P.H. Jayani 09 APEAL966.2021.doc

Mr. Saraogi, learned counsel for the Applicant states that the Applicant

shall deposit 50% of the amount allegedly misappropriated out of

which Rs.25,00,000/- will be deposited within a period of one week

and balance amount of Rs.91,00,000/- within four months from the

date of this order.

7. Having considered the reasons assigned by the learned Judge and

in view of the statement made by the learned counsel for the Applicant,

the Interim Application is allowed on following terms and conditions :-

(a) Substantive sentence of imprisonment as well as fine

imposed against the Applicant by judgment dated 22/11/2021

in CBI Special Case No.28/2005, is suspended pending

hearing of the Appeal ;

(b) The Applicant shall be released on provisional cash

bail in the sum of Rs.50,000/- for a period of four weeks.

(c) The Applicant shall within the said period of four

weeks, furnish P.R. Bonds in the sum of Rs.50,000/- with one

or two solvent sureties in the like amount to the satisfaction of

the Trial Court ;

 P.H. Jayani                                             09 APEAL966.2021.doc

              (d)      The Applicant shall deposit Rs.25,00,000/- before the

Special CBI Court, Greater Bombay within a period of one

week from the date of this order.

(e) The Applicant shall deposit balance amount of

Rs.91,00,000/- within a period of four months from the date

of this order.

(f) It is made clear that in the event, the Applicant fails

to deposit the amount as undertaken, the order of suspension

of fine shall stand cancelled without further reference to this

Court.

(g) The Applicant shall report to the Trial Court once in

two months on the day/date specified by the Trial Court, till

the Appeal is finally disposed of ;

(h) The Applicant shall keep the trial Court informed of

his current address and mobile/contact numbers and/or

change of residence or mobile details, if any, from time to

time ;

                   P.H. Jayani                                               09 APEAL966.2021.doc



                                (i)     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

application seeking cancellation of bail.

8. Interim Application stands disposed of accordingly.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by PREETI H JAYANI Date: 2021.12.21 18:25:06 +0530