Utsav Prasad vs Central Bureau Of Investigation ...
2022 Latest Caselaw 6172 Bom

ssm                                      1                       7-ia2014.22gp.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CRIMINAL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 2014 OF 2022

                                     WITH

                  INTERIM APPLICATION NO. 2012 OF 2022

                                      IN

                     CRIMINAL APPEAL NO. 651 OF 2022

Utsav Prasad                                       .....Applicant

         Vs.

Central Bureau of Investigation & Anr.            .....Respondents

Mr. R.N. Prabhu for the Applicant.
Mr. Kuldeep Patil for the Respondent No.1-CBI.
Mr. R.M. Pethe APP, for the Respondent No.2-State.

                                   CORAM :   A. S. GADKARI, J.

DATE : 1st JULY, 2022.

P.C.:-

These are the Applications for suspension of sentence and

releasing the Applicant on bail.

2 Applicant is original Accused No.9. Applicant has been

convicted under Sections 420, 465, 467, 468, 471 read with Section 120-B

of Indian Penal Code and under Section 13(1)(d) read with Section 13(2)

of the Prevention of Corruption Act, 1988 and is sentenced to suffer

maximum rigorous imprisonment for four years and to pay a total fine of

Rs.1,40,000/- by the Special Judge (CBI), Greater Mumbai in CBI Special

ssm 2 7-ia2014.22gp.doc

Case No.97 of 2011 along with CBI Special Case No.28 of 2014 by its

Judgment and Order dated 15th June, 2022.

3 Mr. Prabhu, learned Advocate for the Applicant submitted that,

the Applicant was on bail during the pendency of trial and there is no

report of breach of any of the conditions imposed upon him. He further on

instructions submitted that, the Applicant has already deposited entire fine

amount in the Registry of the trial Court. The maximum sentence imposed

upon the Applicant is four years of rigorous imprisonment. Possibility of

hearing present Appeal on its own merits in near future is remote. This

Court therefore is of the view that, during the pendency of Appeal the

substantive sentence imposed upon the Applicant can be suspended and he

can be released on bail.

4           Hence, the following Order :-

             (i)    Applicant/Accused No.9 in CBI Special Case No.97

of 2011 along with CBI Special Case No.28 of

2014 be released on bail on his furnishing P. R.

bond of Rs.50,000/- with one or more solvent

local sureties in the like amount.

(ii) Applicant is permitted to furnish cash bail for a

period of 12 weeks and during the said period he

is directed to comply with the condition of

furnishing sureties.

ssm 3 7-ia2014.22gp.doc

(iii) During the pendency of the Appeal, Applicant is

directed to attend office of Respondent No.1 on

every first Monday of the month initially for a

period of 1 year and thereafter on every first

Monday of every 3rd month, i.e. 4 times in a year.

5 Both the Applications are allowed in the aforesaid terms.

                                                                    (A.S. GADKARI, J.)


             Digitally signed by
SANJIV       SANJIV
             SHARNAPPA
SHARNAPPA    MASHALKAR
MASHALKAR    Date: 2022.07.02
             16:42:43 +0530