Utsav Prasad vs Central Bureau Of Investigation ...
2021 Latest Caselaw 13822 Bom

                                Ethape                          1                23-IA-2281-2282-2021


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION
                                               INTERIM APPLICATION NO.2282 OF 2021
                                                              WITH
                                               INTERIM APPLICATION NO.2281 OF 2021
                                                                IN
                                                  CRIMINAL APPEAL NO.769 OF 2021

                                Utsav Prasad                               .. Applicant
                                         Vs.
                                Central Bureau of Investigation & Anr.     .. Respondents
                                                                ...
                                Mr.Ramesh N. Prabhu, Advocate for Applicant/Appellant.
                                Mr. Kuldeep S. Patil, Spl.P.P. for CBI.
                                Mr.S.R. Agarkar, A.P.P. for the State-Respondent.
                                                                ...
             Digitally signed
             by
DNYANESHWAR DNYANESHWAR
ASHOK ETHAPE ASHOK ETHAPE
                                                            CORAM : PRAKASH D. NAIK, J.
             Date: 2021.09.28
             18:47:29 +0530                                 DATE : 24thSEPTEMBER, 2021

                                PC.

                                1.       The applicant is convicted for the offences punishable
                                under Sections 120-B, 420, 468, 471 read with 120-B of the
                                Indian Penal Code (for short "IPC") and Section 13 (1) (d) read
                                with 13 (2) of Prevention of Corruption Act. For the offences
                                punishable under Sections 420, 468, 471, read with 120-B of
                                IPC, the applicant has been sentenced to suffer RI for 3 years
                                on each count and pay fine of Rs.5 lakhs on each count. For
                                the conviction under Section 120-B of Indian Penal Code, the
                                applicant is directed to suffer RI for 6 months and pay fine of
                                Rs. 4 Lakhs. For the conviction under Section 13 (1) (d) read
 Ethape                            2                 23-IA-2281-2282-2021


with 13 (2) of IPC is sentence to suffer RI for 1 year and pay
fine of Rs.4 lakhs. Interim Application No.2281 of 2021 has
been preferred for enlarging the applicant on bail during the
pendency of the appeal preferred by the applicant challenging
the judgment of conviction and Interim Application No.2282 of
2021 has been preferred for composite prayers of suspension
of conviction and sentence.

2.            Suspension of conviction is a different issue and the
applicant is permitted to prefer separate application for
seeking prayer of suspension of conviction.

3.            Learned counsel for the applicant submits that
applicant was not arrested during investigation. He has never
misused the liberty. He is not suspended from the bank.
Departmental inquiry initiated against him resulted in his
exoneration. In the departmental inquiry no malafide were
discernable but it was observed that no diligence was followed
by him. The sentence is for short term. If he is taken in
custody irreparable loss would cause to him. Hence, sentence
of imprisonment may be suspended and applicant may be
released on bail. After the judgment of conviction, the trial
Court has suspended the sentence and released him on PR
bond during the appeal period.

4.       Learned Special Public Prosecutor Mr. Patil submits that
the applicant has now been convicted for the aforesaid
offences. There is evidence to substantiate his conviction.
 Ethape                           3                 23-IA-2281-2282-2021


5.       It is apparent that applicant was never arrested during
investigation. The sentence imposed by the trial Court is for a
period of three years. The appeal may not come up for hearing.
The applicant has challenged the judgment of conviction by
preferring appeal. The prayer for suspension of sentence of
imprisonment and grant of bail can be granted. Learned
counsel for the applicant also submitted that the fine imposed
by trial court is arbitrary. The total fine amount is Rs.23 lakhs.
Warrant has been issued against him for recovery of fine
amount and hence fine may be relaxed. The applicant is
permitted to prefer separate application in relation to payment
of fine. Considering the urgency expressed by the learned
counsel for the applicant vide order dated 22.09.2021 direction
to pay fine was stay till today. To enable the applicant to prefer
application seeking relief in respect of payment of fine interim
stay will continue for a period of one week.
                       ORDER

(i) The sentence of imprisonment awarded vide judgment and order dated 30.08.2021 passed by Learned Special Judge CBI, Greater Bombay in CBI Special Case No. 75 of 2011 is suspended and the applicant is directed to be released on bail on furnishing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(ii) The applicant is permitted to furnish provisional cash bail in the sum of Rs.25,000/- for a period of 12 weeks in lieu Ethape 4 23-IA-2281-2282-2021

of sureties.

(iii) Interim Application Nos.2281 of 2021 and 2282 of 2021 stand disposed of.

(PRAKASH D. NAIK, J.)