Hiten A. Avlani vs The Central Bureau Of ...
2023 Latest Caselaw 10745 Bom

2023:BHC-AS:31152

                                                                              7-IA-1483-1482-2023.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION

                                INTERIM APPLICATION NO. 1482 OF 2023
                                               WITH
                                INTERIM APPLICATION NO. 1483 OF 2023
                                                IN
                                  CRIMINAL APPEAL NO. 466 OF 2023

                    Hiten A. Avlani                                      ...Applicant
                         Versus
                    The Central Bureau Of Investigation (EOW)
                    And Anr.                                             ...Respondents


                    Mr. Jaideep Lele a/w Ms. Namrata Agashe, Advocates for
                    Applicant.
                    Mr. Amit Munde a/w Mr. Jai Vohra for CBI (EOW) Mumbai.
                    Mrs. P. P. Shinde, APP for the 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

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

7-IA-1483-1482-2023.doc

Code, 1860. Applicant has been sentenced to suffer rigorous

imprisonment for two years and to pay total fne amount of

Rs.14 lakhs.

3. Learned Advocate for Applicant submits that applicant

is original accused No.4. There are serious lacunas in the

prosecution case. Applicant was serving in bank and after

prosecution, he has lost his job. Applicant has deposited fne

amount of Rs.5,00,000/-. 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 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-1483-1482-2023.doc

future hence, application 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