Sunil Bherumal Mansinghani v. Central Bureau Of Investigation And ANR.

21-ia848-2023 in apeal244-2023-modified.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.848 OF 2023 IN CRIMINAL APPEAL NO.244 OF 2023 Sunil Bherumal Mansinghani ... Applicant V/s.

Central Bureau of Investigation & Anr.

... Respondents Digitally signed by ATUL GANESH KULKARNI Date:

2023.07.19 14:11:39 +0530 ATUL GANESH KULKARNI Mr. Niteen Pradhan with Ms. S.D. Khot and Ms. Alpa Zaveri for the applicant.

Mr. Kuldeep Patil for respondent No.1/CBI.

Mrs. Veena Shinde, APP for respondent No.2/State. CORAM :AMIT BORKAR, J.

DATED :JUNE 20, 2023 P.C.:

1.

This Court by order dated 29 March 2023 admitted the appeal.

2.

The appellant has been convicted for offence punishable under Section 406 and 120-B of the Indian Penal Code, 1860 and is directed to suffer rigorous imprisonment for six months and to pay fine of Rs.1,50,000/- and in default he is directed to undergo rigorous imprisonment for three months for each offence. 3.

This Court by order dated 6 March 2023 suspended the sentence of the appellant/applicant. The interim relief is in force. 4.

During pendency of the trial, the appellant was on bail. It is This order is modified as per order dated 19/07/2023 to correct paragraph 6(a).

21-ia848-2023 in apeal244-2023-modified.doc not pointed out that the appellant committed any breach of conditions during pendency of the trial. The appellant has been convicted to suffer imprisonment for six months. 5.

Considering the pendency of old matters, it is unlikely that the present appeal will reach for hearing in near future. The charge framed against the appellant has been answered in positive that the appellant dishonestly sold unpledged shares in the market and used the proceeds for their own use.

6.

Considering the nature of offence alleged against the applicant, the applicant has made out a case for suspension of sentence.

a) The operation of sentence imposed by judgment and order dated 1 February 2023 is hereby suspended till final disposal of the present appeal on same bail, fresh bonds as directed by the Trial Court in its order dated 1 February 2023 with additional conditions as under;

b) The appellant shall furnish his address and cell phone number to the concerned police station and shall inform change of address or cell phone number, if any, to the concerned police station within four weeks thereof;

c) The appellant shall mark his presence before the concerned police station once in a year in the first week of January of each year.

7.

Interim Application stands disposed of accordingly. (AMIT BORKAR, J.) This order is modified as per order dated 19/07/2023 to correct paragraph 6(a).