Full Judgement
Bombay High Court
G. Chokkalingam S/O G. Gopal ... vs Central Bureau Of Investigation ... on 3 January, 2022
Bench: P. K. Chavan
7-IA-327-2020.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.327 OF 2020
IN
CRIMINAL APPEAL NO.96 OF 2020
G. Chokkalingam ] Applicant
Vs.
Central Bureau of Investigation ]
Economic Offence Wing, Mumbai ]
and another. ] Respondents
.....
Ms. Sandeep B. Naik, for Applicant.
Ms. Amita Kuttikrishnan, Special P.P. for Respondent No.1-C.B.I.
Mr. Arfan Sait, A.P.P, for Respondent No.2-State.
.....
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 3rd JANUARY, 2022.
P.C.
1. This is an application under section 389 of the Code of
Criminal Procedure for suspension of substantive sentence,
pending the appeal, by the applicant namely Mr. Chokkalingam,
resident of Kerala.
2. Heard Mr. Naik, learned Counsel for the applicant, Ms.
Kuttikrishnan, learned Special P.P for respondent No.1-C.B.I and
Mr. Sait, learned A.P.P, for respondent No.2-State.
Digitally signed by SHAILAJA
SHAILAJA SHRIKANT SHRIKANT HALKUDE
HALKUDE Date: 2022.01.04 14:06:45 +0530 1 of 4
7-IA-327-2020.doc
3. The Special Court for C.B.I at Greater Mumbai by the
impugned judgment and order of conviction dated 20 th December,
2019 convicted and sentenced all the accused except accused
No.9, who was a public servant.
4. The applicant has been convicted and sentenced to undergo
rigorous imprisonment for six months with fine of Rs.8,000/-.
5. It is submitted that the applicant has deposited the fine
amount. Mr. Naik submits that the applicant has a good case on
merits and, therefore, seeks suspension of the substantive
sentence, pending the appeal.
6. Ms. Kuttikrishnam, learned Special P.P has drawn my
attention to the observations made in the impugned judgment,
more particularly, in paragraph 26 qua the applicant which read
thus;
"It is to be noted that the import of arguments
advanced on behalf of accused No.4 indicates that
he prepared the TDS certificates but at the behest of
accused No.1 and 2. It is to be noted that the
prosecution has independently proved the factum
that the TDS certificates, which were relied and
attached to the Income Tax Return form of accused
No.3 pertaining to the certificate issued by deductor
M/s Link International was prepared by accused
No.4 Chokkalingam. This factum is proved through
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7-IA-327-2020.doc
the evidence of handwriting expert Exh.9.
Furthermore, two cheques Exh.156 and 157 worth
Rs.30,000/- each were drawn on accused No.7 in
favour of accused No.4 and same were credited in
the account of accused No.4. This satisfactory
evidence does not wipe up by the accused by
leading probable circumstance. So this factum
proves that the accused No.4 has requisite
knowledge of the main object to cheat Income Tax
Office by claiming refund certificate and on the
basis of forged TDS certificates is proved".
7. Having taken into consideration the submissions made by
Mr. Naik, learned Counsel for the applicant and Ms. Kuttikrishnan,
learned Special P.P, it would be just and proper to suspend the
substantive sentence, pending the appeal by passing following
order;
:ORDER:
(a) The application is allowed;
(b) The substantive sentence awarded by the special Court(CBI) Greater Bombay stands suspended, pending the appeal and the applicant shall be released on executing a P.R bond in the sum of Rs.25,000/- with one or two sureties in the like amount to the satisfaction of the Special Court, Greater Mumbai;
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(c) The applicant shall attend the Court as and when directed;
(d) The applicant shall attend the Court at the time of final hearing scrupulously;
(e) The applicant shall furnish his permanent address and cell number to the respondents within a week from today.
(f) The applicant shall deposit his passport, if any, with the Registry of this Court within a week.
(g) The applicant shall not leave jurisdiction of this Court without seeking prior permission.
8. If the applicant fails to comply the aforesaid directions, liberty to the prosecution to apply for cancellation of bail.
9. The application stands disposed of.
[PRITHVIRAJ K. CHAVAN, J.]
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