S. S. Mahalingam vs Central Bureau Of Investigation ...
2023 Latest Caselaw 10743 Bom

2023:BHC-AS:31157

                                                                              7-IA-1417-2990-2023.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION

                               INTERIM APPLICATION NO. 1417 OF 2023
                                              WITH
                               INTERIM APPLICATION NO. 2990 OF 2023
                                               IN
                                 CRIMINAL APPEAL NO. 449 OF 2023

                    S. S. Mahalingam                                     ...Applicant
                          Versus
                    Central Bureau Of Investigation And Anr.             ...Respondents


                    Mr. Milind D. Dhande a/w Ms. Divya R. Tiwari, Advocates for
                    the Applicant.
                    Mr. Amit Munde, Special P. P. APP for the Respondent-State.
                    Mrs. P. P. Shinde, APP for Respondent-State.



                                           CORAM       : NITIN B. SURYAWANSHI, J.

                                           DATE        : 17th OCTOBER 2023

                    PC.:

1. This is an application for suspension of sentence and

grant of bail during the pendency of Criminal Appeal

preferred by applicant challenging the judgment of

conviction.

2. Applicant has been convicted vide judgment and order

dated 9th March 2023 passed by learned Special Judge (CBI),

Greater Bombay in (CBI) Special Case No.60 of 2004, under

Sections 471, 420, 468 read with 120-B of the Indian Penal

Code, 1860. Applicant has been sentenced to suffer rigorous

D.A.ETHAPE P.A. .... 1

7-IA-1417-2990-2023.doc

imprisonment for two years and to pay total fne amount of

Rs.15 lakhs.

3. Learned Advocate for Applicant submits that applicant

is original accused No.3. There are serious lacunas in the

prosecution case. Applicant is 73 years old and is retired

from service of bank and settled at Bengaluru. Applicant has

deposited fne amount of Rs.5,00,000/- in Canara Bank. His

sentence is suspended by the trial Court on the date of

conviction. Applicant is on bail. There are no criminal

antecedents against the applicant. Hence, he submits that

the application may be allowed.

4. Learned Advocate for CBI strenuously opposed the

application. He submitted that applicant is involved in

commission of economic offence and the conspiracy of all the

accused persons is proved by the prosecution case in the trial

Court, he does not deserve to be released on bail.

5. Appeal is already admitted. Sentence imposed by the

trial Court is of short term. Applicant was on bail during the

trial. The sentence of imprisonment was suspended on the

date of conviction by the trial Court in accordance with

Section 389 of Cr.P.C. and the said order is continued by this

Court. Appeal would not be taken up for hearing in near

D.A.ETHAPE P.A. .... 2

7-IA-1417-2990-2023.doc

future, application therefore deserves to be allowed.

6. Hence, the following order:-

(i) Interim Applications are allowed.

(ii) Substantive sentence of imprisonment imposed vide

judgment and order dated 9th March 2023 passed by Special

Judge (CBI) in Special Case No.60 of 2004 is suspended and

applicant is directed to be released on same bail granted by

the trial Court with fresh bond.

(iii) Applicant shall furnish security for remaining fne

amount to the satisfaction of the trial Court.

(iv) Applicant shall furnish his present address and

cellphone number with the Investigating Offcer of CBI.

                                (NITIN B. SURYAWANSHI, J.)




 D.A.ETHAPE P.A.                                                      .... 3