Mahesh Nagarajan vs The State Of Maharashtra And Anr
2023 Latest Caselaw 10747 Bom

2023:BHC-AS:31147

                                                                                  7-IA-1835-2023.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION

                                INTERIM APPLICATION NO. 1835 OF 2023
                                                IN
                                  CRIMINAL APPEAL NO. 574 OF 2023

                    Mahesh Nagarajan                             ...Applicant
                         Versus
                    The State Of Maharashtra And Anr.            ...Respondents


                    Mr. Mihir Gheewala a/w Mr. Farhad Panthaki and Mr. Santosh
                    Pawar, Advocates for Applicant.
                    Mr. Kuldeep S. Patil, Special P. P. for Respondent-CBI.
                    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

Code, 1860. Applicant has been sentenced to suffer rigorous

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

7-IA-1835-2023.doc

imprisonment for three years and to pay total fne amount of

Rs.19 lakhs.

3. Learned Advocate for Applicant submits that applicant

is original accused No.2. There are serious lacunas in the

prosecution case. 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 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

future, application therefore, deserves to be allowed.

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





                                                             7-IA-1835-2023.doc




 6.      Hence, the following order:-

 (i)     Interim Application is 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