VIJAY B. BORAR Vs. THE STATE (THROUGH CBI)

JUDGEMENT

(1.) Crl. M.B. NO. 2134/2011

(2.) THE appellant was convicted and sentenced to RI of one year and fine of Rs. 50,000/ - under section 120 -B IPC read with section 420 IPC and Section 13(2) read with Section 13(1) (d) of Prevention of Corruption Act and RI of 4 years and fine of Rs. 5,00,000/ - under section 420 IPC. Present application is filed for suspension of sentence during the pendency of the appeal. The appellant /convict is in JC since 02.09.2011. The main grounds on which suspension of sentence is sought are that the appellant is a Chartered Accountant by profession and has been practicing since 1972 and further that he was exonerated by the Council of Chartered Accountants of India in the complaint lodged against him by the State Bank of Saurashtra. It was also submitted that he has not obtained any pecuniary benefits in the case. It was also sought to be presented that he is aged about 63 years and is a heart patient having undergone heart surgery in 2006 and in addition continuing medical treatment, he is suffering from sugar and B.P. problems. It was also submitted that during trial the appellant remained on bail and did not misuse the liberty granted to him.

(3.) THE appellant was one of the co -accused in the CBI case. The allegations against the accused persons are that they entered into a criminal conspiracy among themselves and cheated State Bank of Saurashtra to the extent of more than Rs.60.00 lakh by abuse of official position of accused/ public servant A.K. Mishra who was the Branch Manager of the said bank.