Bombay High Court
Kripa Sagar Das S/O. Guna Sagar Das ... vs Central Bureau Of Investigation on 21 September, 2022
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2870 OF 2022
IN
CRIMINAL APPEAL NO. 866 OF 2022
Kripa Sagar Das s/o. Guna Sagar Das & Anr. ..Appellant
Versus
Central Bureau of Investigation ..Respondent
__________
Mr. Pranil Sonawane a/w. Sunny Udasi i/b. KLS Legal for
Appellant.
Mr. H. S. Venegaonkar, Spl. P. P. for C.B.I./Respondent.
Mr. P. H. Gaikwad, APP for State.
__________
CORAM : SARANG V. KOTWAL, J.
DATE : 21st SEPTEMBER 2022
PC :
1. This is an application with following prayer:
a) The Hon'ble court be pleased to allow the
present application whereby the execution
of impugned order of sentence of
imprisonment imposed on the Applicants
as well as order of sentence of fine by way
of forfeiture of assets u/s. 452 Cr.P.C. r/w.
16 of PC Act, be suspended and the
Applicants be released on bail pending the
hearing and final disposal of Criminal
Appeal.
Digitally
signed by
VINOD
2. This is a composite prayer for different reliefs. Hence, I
VINOD BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
2022.09.23
14:04:30
+0530 Gokhale
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am only considering the suspension of substantive sentence and
release of the applicants on bail during pendency and final
disposal of their Appeal. It is clarified that forfeiture of the
properties is not stayed by this order.
3. The Appellants were convicted and sentenced as follows:
a) The Appellant No.1 was convicted for commission
of offence punishable U/s.13(2) r/w. Section
13(1)(e) of the Prevention of Corruption Act,
1988 and was sentenced to suffer S.I. for 3 years
and to pay a fine of Rs.50000/- and in default of
payment of fine to suffer further S.I. for 3 months.
b) The Appellant No.2 was convicted for commission
of offence punishable U/s.13(2) r/w. Section
13(1)(e) of P.C. Act and was sentenced to suffer
S.I. for one year and to pay a fine of Rs.25,000/-
and in default of payment of fine to suffer further
S.I. for one month.
4. By the impugned Judgment and order the properties
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worth Rs.35,96,644/-, which were termed as disproportionate
assets, were directed to be forfeited to the State Government
U/s.452 of Cr.p.c. r/w. Section 16 of the P.C. Act. Both the
appellants were granted set of U/s.428 of Cr.p.c.
5. Learned counsel for the Applicants submitted that the
applicants were on bail during trial and they have not misused the
liberty. Both of them were granted bail U/s.389(3) of Cr.p.c. even
after their conviction. He submitted that, they have good case on
merits. So far as, amount of Rs.30 lakhs in cash is concerned, it is
explained by the applicants that, that amount was given to the
applicant No.1's brother in law. There are withdrawals from his
brother in law's account maintained with Axis Bank. He submitted
that, Learned trial Judge has not properly appreciated this
evidence.
6. Learned Special Public Prosecutor opposed this
application, but he conceded that the maximum punishment is of a
short duration.
7. I have considered these submissions. Some arguable
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points are raised which will have to be decided during final
hearing of appeal preferred by the applicants. The maximum
sentence imposed is of three years. The appeal is not likely to be
decided within that period. The applicants have not misused the
liberty. Therefore, they can be granted bail during pendency and
final hearing of the appeal. It is clarified that, neither payment of
fine nor forfeiture of properties is stayed. For those reliefs the
applicants can prefer other proceedings in accordance with law.
8. Hence, the order:
a) During pendency and final disposal of Criminal
Appeal No.866 of 2022, both the applicants are
directed to be released on bail on their executing
P.R. bonds of Rs.30000/- each with one or two
sureties each in the like amount.
b) The Application, strictly in the aforesaid terms, is
disposed of.
(SARANG V. KOTWAL, J.)
