Pravin V. Bharathan vs Central Bureau Of Investigation ...
2023 Latest Caselaw 10751 Bom

2023:BHC-AS:31036

                                                                           7-Appeal-447-2023.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION

                               INTERIM APPLICATION NO. 1416 OF 2023
                                              WITH
                               INTERIM APPLICATION NO. 3068 OF 2023
                                               IN
                                 CRIMINAL APPEAL NO. 447 OF 2023

                    Pravin V. Bharathan                              ...Applicant
                         Versus
                    Central Bureau Of Investigation And Anr.         ...Respondents


                    Mr. Ashok Mundargi, Senior Counsel i/by Mr. Avinash Rasal
                    a/w Mr. Akshay A. Salvi, Advocate for the Appellant.
                    Mr. Amit Munde, Special P. P. a/w Jai Vohra for CBI, COW
                    (Mumbai) for Respondent No.1.



                                           CORAM   : NITIN B. SURYAWANSHI, J.

                                           DATE    : 17th OCTOBER 2023


                    PC.:

1. Learned Special Judge (CBI) has convicted applicant

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

Code, 1860 in (CBI) Special Case No. 60 of 2004 and

sentenced him to suffer rigorous imprisonment for fve years

and to pay total fne amount of Rs. 2.5 crores.

2. Learned Senior Advocate for the applicant submits that

there are serious lacuna's in the prosecution case. Seizure

memos are not proved. Investigating offcer as well as

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7-Appeal-447-2023.doc

informant are not examined. There is no material to prove

the charge against the applicant. He submits that during the

course of investigation as well as trial applicant was never

arrested. He further submits that the exhorbitant fne is

imposed on the applicant. All the companies of applicant are

closed. The applicant is in custody since last more than 9

months and therefore he is not in a position to deposit the fne

amount. Hence, he submits that the application may be

allowed.

3. Learned Advocate for CBI strenuously opposed the

application. He submits that the applicant is accused No.1

and he is the main benefciary and kingpin. Since he is

involved in commission of economic offence, he does not

deserve to be released on bail.

4. Appeal is already admitted and the sentenced imposed

on the applicant is a short term sentence, in the light of

decision of the Apex Court in the case of Bhagwam Rama

Shinde Gosai And Ors Vs. State Of Gujarat (1999) SCC (Cri.)

553, all the co-accused in the present case are already

released on bail. No exceptional ground is made out for not

suspending the sentence.

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7-Appeal-447-2023.doc

5. Hence, the following order:-

(i) 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

during the pendency of the appeal. Applicant be released on

bail on executing PR bond in the sum of Rs. 1,00,000/- with

one or more sureties in the like amount.

(ii) The applicant shall not leave India without prior

permission of this Court and surrender his passport with the

trial Court.

(iii) Application stands disposed off.

                                (NITIN B. SURYAWANSHI, J.)




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