Kripa Sagar Das S/O. Guna Sagar Das And ANR. v. Central Bureau Of Investigation And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3385 OF 2022 IN CRIMINAL APPEAL NO. 988 OF 2022 Kripa Sagar Das & Anr.

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Applicants

Versus

Central Bureau of Investigation & Anr.

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Respondents ...

Ms.Varsha Gangawane i/b KLS Legal for the applicants. Mr. Bharat Mirchandani h/f H.S Venegavkar for CBI. Ms. P.N. Dabholkar, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 15th MARCH 2023 P.C:- Criminal Appeal No. 988 of 2022 Appeal admit.

Call for record and proceedings.

Interim Application No.

By judgment and order dated 2/08/2022 passed by Special Judge, CBI in Special Case No. 61 of 2012, the appellants were convicted for the offence punishable under Prevention of Corruption Act,1988 and they were sentenced.

Along with the conviction and imposition of the

2/3 37 IA -3385-2022.doc sentence, the Special Judge also directed that the properties in the nature of the disproportionate assets to the tune of Rs. 35,96,644/- be forfeited to the State government under Section 452 of Cr.P.C read with Section 16 of the Prevention of Corruption Act.

Being aggrieved by the said judgment, the appellants have filed the present appeal.

An application was also moved pending the appeal for suspension of sentence and releasing them on bail. This application came to be allowed on 21/09/2022 by specifically recording that the applicants were on bail during trial and they have not misused the liberty. The appeal is yet to be admitted. By the present application, the applicants seek stay to the direction no.3 in judgment of the Special Judge dated 2/08/2022, by submitting that there is every chance that the Appeal may succeed and since the property involved which is directed to be forfeited is a residential flat, house-hold items, jewellery etc, if the same is forfeited to the State Government, it would be difficult to regain the said properties back. The learned counsel for the CBI specifically make a statement that at present the property is in the custody of CBI. Considering the fate of the appeal, and since the property, which is described as disproportionate Asset cover movable and immovable assets of the appellants, I deem it

3/3 37 IA -3385-2022.doc appropriate to grant stay to the direction issued by the Court to forfeite the said property, during pendency of the appeal. Needless to state that the property shall continue to remain in the possession of the CBI till the final orders are passed about its disposal.

Interim Application disposed off.

( SMT. BHARATI DANGRE, J.)