M/S Karan Cans Pvt Ltd And ORS v. State Of Maharashtra And ANR

80-IA-4496-25.doc S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4496 OF 2025 IN CRIMINAL APPEAL NO. 1198 OF 2025 M/s. Karan Cans Pvt Ltd.

Vinod Bhatia by SONALI SATISH KILAJE Date:

2026.01.17 13:51:12 +0700 SONALI SATISH KILAJE Kunal Bhatia ...

Applicants

Versus

The State of Maharashtra & Anr.

...

Respondents _________________________________________________________________ Mr. R. Sathyanarayan a/w. Ms. Aparna Ashtivkar i/b.Ms. Priyanka Nayak, Advocates for the Applicants.

Smt. R.D.Humane, APP for the State.

Mr. Amit Munde, Special P.P. a/w. Mr. J. Vohra, for Respondent No.2-CBI. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 14th JANUARY, 2026.

P.C. :

1.

By this Application, the Applicant No.2 and Applicant No.3 are seeking suspension of sentence.

2.

It is contention of learned counsel for the Applicants that Applicant No.2 and Applicant No. 3 have been convicted under Section 120-B read with Section 420 of Indian Penal Code, 1860 (for short "IPC") and sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs.5,000/-. In default of payment of fine Applicant Nos. 2 and 3 to undergo simple imprisonment for a period of three months. During the trial Applicant Nos. 2 and 3 were on bail. The Trial Court has

80-IA-4496-25.doc S.S.Kilaje suspended the sentence. The Applicant Nos. 2 and 3 have deposited the fine amount, hence requested to allow the Interim Application. 3.

Learned APP strongly objected to allow the Application on the ground if Applicant Nos. 2 and Applicant No.3's sentence is suspended, they may abscond, hence requested to reject the Application. 4.

I have heard both learned counsel. Perused impugned Judgment and order. The sentence imposed on the Applicant No.2 and Applicant No.3 is a short term sentence. During trial Applicant No.2 and Applicant No.3 were on bail. They have not misused liberty. Learned Trial Court has suspended the sentence. In view of above, I pass following order.

ORDER

i.

The substantive sentence imposed on the Applicant No.2- Vinod Bhatia and Applicant No.3- Kunal Bhatia in CBI Special Case No. 81 of 2000 is suspended till disposal of the appeal.

ii.

The Applicant No.2 and Applicant No.3 be enlarged on bail on furnishing P.R.Bond in the sum of Rs. 30,000/- each, with one or two sureties in the like amount. iii.

The bail bond to be furnished before the Trial Court. 5.

Interim Application stands disposed of.

(SHIVKUMAR DIGE, J.)