Subir Mukherjee vs Unknown
2021 Latest Caselaw 4242 Cal

13.08.2021 S.D.

05. CRAN 2 of 2021 in CRA 279 of 2020 (Through video conference)

In Re: - An Appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

And In the matter of: Subir Mukherjee ....Appellant.

Mr. Pratip Kumar Chatterjee ...For the Appellant.

Mr. Phiroze Edulji Mr. Anirban Mitra ..For the CBI.

The application being CRAN 2 of 2021 arises out of an appeal

being CRA 279 of 2020 whereby and whereunder, the appellant has

sought for suspension of his sentence as awarded to him by the

impugned judgment and to grant bail to the appellant no. 1 inter alia on

the ground that he has been falsely implicated and is an innocent person.

Secondly, that other co-accused persons have been granted bail while the

appellant no. 1 is being aged person is in custody in the present

pandemic situation and there is no chance of early hearing of the appeal.

It is further submitted that he has already been acquitted in as many as

three cases and is now in custody for last nine months in connection with

this case. This is for the second time that the appellant no. 1 has renewed

his prayer for his release.

Mr. Anirban Kumar Mitra, learned Advocate for the C.B.I. submits

that there has been defalcation of about 40 crores of money and the

appellant no. 1 was found possessing assets disproportionate to his

earning and has raised serious objection against his prayer for bail as the

C.B.I. is ready for hearing of appeal on the merit.

Now, having regard to serious observations made in the order

dated 4.3.2021 in C.R.A 279 of 2020 passed by a Co-ordinate Bench of this

Hon'ble Court while suspending the sentence as against the appellant

no.2 being the wife of appellant no. 1, this Court declines to suspend the

sentence against the appellant no. 1.

Accordingly, the prayer of the appellant no. 1 for suspension of

sentence is rejected.

Thus, the application being CRAN 2 of 2021 is disposed of.

Let the appeal be expedited.

Requisite Paper Books be made ready.

List the matter on 16.11.2021.

(Shivakant Prasad, J.)