Delhi High Court - Orders
Virendra Singh vs Central Bureau Of Investigation on 20 October, 2023
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 857/2023
VIRENDRA SINGH ..... Appellant
Through: Mr Sudhir Nandrajog, Sr. Advocate
with Mr Ashish Upadhayay and Mr
Siddharth Kaushik, Advocates.
versus
CENTRAL BUREAU OF INVESTIGATION ..... Respondent
Through: Mr Prasanta Varma, SPP for CBI.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 20.10.2023
CRL.M.(BAIL) 1427/2023
1. The present application has been filed under Section 389 CrPC seeking suspension of sentence during the pendency of the present appeal in CBI Case No.199/2019, RC No. 26(A)/2000/CBI/ACB/New Delhi under Sections 120-B/ 419/467/471 IPC & Section 13(2) R/w 13 (1) (e) of the Prevention of Corruption Act, 1988.
2. Learned senior counsel for the appellant/applicant submits that the appellant has been held guilty of the offences under Sections 13(2) read with Section 13(1)(e) of the Act, 1988 and has been sentenced to undergo rigorous imprisonment for 04 years along with fine in the sum of Rs.2 crores. Learned senior counsel for the appellant submits that the appellant was taken into custody on 26.09.2023 and since then he is lodged in jail.
3. He further submits that vide order dated 17.10.2023, a Coordinate This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/10/2023 at 06:30:05 Bench of this court had directed the Jail Superintendent to furnish the medical record of the appellant.
4. Pursuant to the said order, medical status report of the appellant has been received from the Sr. Medical Officer, Dispensary, Central Jail No.-02, which is on record.
5. A perusal of the said medical status report reveals that the appellant was medically examined in the jail and it was found that he has history of COPD with implant in situ following fracture femur neck, for which he has been prescribed appropriate treatment. It is also recorded in the medical status report that inmate patient visited jail dispensary as a follow up case of hip prosthesis following fracture neck femur three months ago with difficulty in walking without support, for which he was advised appropriate treatment and provided walking stick.
6. Attention of the Court is further invited to the report of the CT Scan dated 11.06.2023, which clearly reveals that the appellant has suffered fracture in left femur neck region with bulky edematous surrounding musculature.
7. In view of the medical condition of the appellant as borne out from the medical status report as well as the medical record attached to the application and further regard being had to the fact that the appellant has been sentenced to undergo 04 years of rigorous imprisonment and he has already undergone almost one month sentence, this Court is of the view that the appellant is entitled to suspension of sentence. Accordingly, the sentence of the appellant is suspended during the pendency of the appeal subject to his furnishing a Personal Bond in the sum of Rs.1 lakh and one Surety Bond of the like amount subject to the satisfaction of the Trial This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/10/2023 at 06:30:05 Court/Jail Superintendent/Duty Magistrate, further subject to the following conditions:-
a) Appellant/applicant shall appear before the Court as and when the matter is taken up for hearing.
b) Appellant/applicant shall provide mobile number to the IO concerned which shall be kept in working condition at all times and shall not change the mobile number without prior intimation to the Investigating Officer concerned.
8. The application is disposed of.
9. Copy of the order be forwarded to the concerned Jail Superintendent for information and necessary compliance.
10. Order dasti under signatures of the Court Master.
VIKAS MAHAJAN, J OCTOBER 20, 2023 MK This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/10/2023 at 06:30:05