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Himachal Pradesh High Court

Purkhu Ram vs . Cbi on 12 June, 2023

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

Purkhu Ram Vs. CBI Cr. Appeal No.235 of 2023 .

12.06.2023 Present: Mr. Mohan Singh, Advocate, for the appellant.

Mr. A.K. Bansal, Advocate, for the respondent.

Cr.MP(M) No.1024 of 2023 The applicant seeks condonation of delay of 75 days in filing the main appeal. Reply to the application has not been filed by the respondent. Paragraph 2 of the application gives cogent reasons for condoning the delay.

Accordingly, the application is allowed. Delay of 75 days as occurred in filing the appeal is condoned in the interest of justice.

The application stands disposed of.

Cr. Appeal No.235 of 2023 Heard. Admit.

By means of the present application, prayer has been made for suspension of sentence imposed by the learned Special Judge (CBI), Shimla, H.P. in Corruption Trial No.23-S/7 of 2016, titled Central Bureau of Investigation Versus Shiv Dayal Bodh and others, wherein accused/ applicant has been convicted for commission of offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and Section 120B of the Indian Penal Code (IPC) & Sections 120B, 420, 471, 467 ::: Downloaded on - 12/06/2023 20:32:47 :::CIS and 468 IPC and has been sentenced to undergo rigorous .

imprisonment for a period of three years alongwith fine of Rs.90,000/-. Learned counsel for the applicant submitted that the applicant was on bail during trial. Prayer has accordingly been made for suspension of sentence.

Since the sentence imposed is only for three years and considering the fact that the criminal appeal involves arguable points and its decision may take considerable period, therefore, the execution of the sentence ordered by the learned Special Judge (CBI), Shimla, H.P. in Corruption Trial No.23-S/7 of 2016, titled Central Bureau of Investigation Versus Shiv Dayal Bodh and others, is ordered to be suspended, subject to following conditions:-

(i). The applicant/appellant shall furnish personal bond in the sum of Rs.25,000/- with one local surety in the like amount to the satisfaction of learned Trial Court within three weeks.

(ii). The applicant/appellant shall deposit the entire fine amount in the learned Trial Court, if not already deposited within three weeks.

(iii). The applicant/appellant undertakes to abide by all the orders and directions issued by this Court in the matter.

(iv). In the event of criminal appeal being dismissed, the applicant/appellant shall surrender himself before the learned Trial Court for receiving the sentence, if any.

The application stands disposed of.

                                                   Jyotsna Rewal Dua
    June 12, 2023                                        Judge
       Mukesh




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