Preetha Babukuttan vs The Central Bureau Of ...
2023 Latest Caselaw 4440 Bom

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    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
                CRIMINAL APPEAL NO. 510 of 2023
                           WITH
             INTERIM APPLICATION NO. 1666 OF 2023
                            IN
               CRIMINAL APPEAL NO. 510 OF 2023
                           WITH
             INTERIM APPLICATION NO. 1668 OF 2023
                            IN
               CRIMINAL APPEAL NO. 510 OF 2023


Preetha Babukuttan                             .. Appellant
                         Versus
The Central Bureau of Investigation            .. Respondents
ACB, Mumbai and anr

                                         ...

Mr.Sameer Nangare for the appellant/applicant.
Mr. Shantanu Thorat i/b Adv. H.S. Venegavkar for respondent
no.1- CBI
Mr Y.M. Nakhawa, APP for the State.

                            CORAM: BHARATI DANGRE, J.

DATED : 28th APRIL 2023 P.C:-

Appeal No.510 of 2023

1. Heard. Admit.

2                 Call for record and proceedings.


Ashish





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3. Learned counsel Mr. Venegavkar waive notice for respondent no.1.

4. Learned APP waive notice for respondent no.2.

IA No. 1666/2023

5 Interim Application No. 1666 of 2023 inadvertently seek suspension of conviction as well as sentence. The counsel for the applicant is permitted to carry out the necessary amendment by restricting the application for suspension of sentence. Necessary amendment be carried out forthwith.

IA No.1668/2023

applicant on bail during the pendency of the appeal.

7 Heard, the learned counsel for the applicant and the learned counsel for the respondent-CBI.

Under the impugned judgment, the applicant is convicted for committing an offence punishable under Section 7 as well as under Section 13(2) of the Prevention of Corruption Act. She is sentenced to suffer RI for 3 years, on being convicted under Section 7 and on being convicted under Section 13(2) and Section 13(1)(d) of the PC Act, is sentenced to suffer RI for 4 years. The substantive sentences are directed to run concurrently.

8 The learned counsel for the applicant would submit that she has good case on merits and the appeal deserve an indepth hearing. He would however, submit that the applicant

Ashish

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was on bail, during the course of the trial, and she has never misused the liberty.

9 Considering the observations rendered in the impugned judgment, which deserve re-appreciation in Appeal and particularly, and when the sentence imposed upon the applicant is for a fix term, I deem it appropriate to grant Interim Application No. 1666 of 2023 and Interim Application No.1668 of 2023. As a result of which the sentence imposed upon the applicant under the impugned judgment, stand suspended and she is entitled to be released on bail, subject to furnishing P.R. bond to the extent of Rs.50,000/- with one or more sureties of the like amount.

The applicant shall be released on provisional cash bail of Rs.50,000/- in lieu of sureties for a period of six weeks. During the said period, the applicant shall arrange for the sureties.

( SMT. BHARATI DANGRE, J.)

Ashish