Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Ashutosh Verma vs Cbi on 17 May, 2021

Author: Subramonium Prasad

Bench: Subramonium Prasad

$~25
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CRL.A. 184/2021
       ASHUTOSH VERMA                                  ..... Appellant
                   Through              Mr. Pramod Kumar Dubey, Senior
                                        Advocate with Mr. Shiv Chopra,
                                        Advocate
                          versus
       CBI                                                ..... Respondent
                          Through       Mr. Anil Grover, SPP

    CORAM:
    HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
            ORDER

% 17.05.2021 HEARD THROUGH VIDEO CONFERENCING Crl.M.As.7637-7639/2021/2021(exemption) Allowed, subject to all just exceptions.

1. This appeal is directed against the judgment dated 01.04.2021 passed by the learned Special Judge(CBI-05), P.C. Act, Rouse Avenue Courts, New Delhi in CC No.192/2019, RC.1A/2008/AC-I/CBI/New Delhi convicting the appellant for the offence punishable under Section 120B IPC. By the order on sentence dated 05.04.2021, the appellant has been sentenced to undergo rigorous imprisonment for a period of one year with fine of Rs.1,00,000/- for the offence under Section 120B IPC and in default of payment of fine, the appellant shall undergo simple imprisonment for a period of two months.

2. Admit.

3. TCR be summoned.

Crl.M.(Bail).591/2021(suspension of sentence)

1. The appellant seeks suspension of sentence during the pendency of the appeal.

2. The appellant has been sentenced to undergo rigorous imprisonment for a period of one year with fine of Rs.1,00,000/- for the offence under Section 120B IPC. The appellant has been granted bail for a period of 60 days by the order dated 05.04.2021. The amount of fine has been deposited. In view of the pandemic and keeping in mind that the appeal is not likely to be heard in near future, this Court is inclined to suspend the sentence of the appellant during the pendency of the appeal.

3. Having regard to the facts and circumstances of the case, the sentence of the appellant is suspended during the pendency of the appeal and he be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- with one surety in the like amount, from a relative of the petitioner, to the satisfaction of the Trial Court.

4. As regards prayer (B) of the application seeking stay of the impugned order, learned counsel appearing for the appellant states that he does not press the same at this stage.

5. The application stands disposed of in above terms.

SUBRAMONIUM PRASAD, J.

MAY 17, 2021 pst Crl.A.184/2021 Page 2 of 2