Delhi High Court - Orders
Manoj Choudhary vs Central Bureau Of Investigation on 20 January, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 259/2021 & CRL.M.(BAIL) 1126/2021
MANOJ CHOUDHARY ..... Appellant
Through: Appellant in person with Mr. Vishal
Gosain & Ms.Adya Rajkotia Luthra,
Advocates.
versus
CENTRAL BUREAU OF INVESTIGATION ..... Respondent
Through: Mr.Anil Grover, SPP for CBI
alongwith Mr.Neeraj Bhardwaj &
Mr.Mankaran Singh, Advocates.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 20.01.2022
(through Video Conferencing)
CRL.M.(BAIL) 1126/2021
The status report has been submitted by the CBI qua CRL.M.(BAIL) 1126/2021 pursuant to proceedings dated 08.09.2021.
The appellant, vide the impugned order on sentence dated 21.08.2021 of the learned trial Court of the Special Judge, (PC Act), CBI-13, Rouse Avenue in RC DAI/2018/A0002 registered at CBI, ACB, New Delhi whereby the appellant has been convicted qua the offences punishable under Section 120B of the Indian Penal Code, 1860 and Section 8 of the PC Act, 1988 and was sentenced to imprisonment for 3 years and a fine of Rs.50,000/-.
The fine in relation thereto as imposed is indicated to have been paid Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.01.2022 12:29 as per the receipt, copy of which is placed on the record as Annexure-P3 to the appeal.
The status report that has been submitted by the CBI indicates that the appellant was acquitted in relation to FIR no. 242/2013, PS Mayapuri, Delhi under Section 3 of the DPDP Act;
the appellant was convicted in relation to FIR No. 209/2009, PS Paharganj under Section 3 of the DPDP Act and a fine of Rs.500/- was imposed; and another FIR i.e. FIR No. 461/2009, PS Malviya Nagar under Section 3 of the DPDP Act is indicated to have been registered against the appellant but the status of the said FIR is not available with the CBI; the FIR no. 442/2013, PS Hari Nagar under Section 3 of the DPDP Act is indicated to have been registered against the appellant, which is pending trial as per record.
In reply to a specific Court query, it has been submitted on behalf of the appellant that the appellant was a student Union Leader and thus involved in relation to the FIRs under the DPDP Act and the appellant who has joined the proceedings through Video Conferencing submits that he runs a construction business now and is not putting up any posters and rather submits that he has been acquitted.
Taking into account the factum that the appellant has been sentenced to only three (3) years of imprisonment for the offences convicted and the fine that has been imposed on the appellant has already been paid and the offences for which the FIRs are indicated to have been lodged, relate to the DPDP Act qua defacement of the public property in relation to which an explanation has been put forth that he was a Student Union Leader, it is considered appropriate that the sentence imposed on the appellant in the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.01.2022 12:29 instant case in relation to the RC DAI/2018/A0002 is suspended during the pendency of the appeal on filing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with one surety of the like amount to the satisfaction of the Registrar General of this Court subject to terms and conditions to the appellant to the effect that:-
● he shall not leave the country without permission of this Court; ● he shall appear before the Court as and when required or directed by the Court;
● he shall keep his mobile phone on at all times; ● he shall drop a PIN on the google map to ensure that his location is available to the Investigating Officer; ● he shall commit no offence whatsoever during the period that the sentence has been suspended in the instant case. CRL.M.(BAIL) 1126/2021 is disposed of accordingly.CRL.A. 259/2021
The appeal is admitted for hearing and is directed to be listed in the due course.
ANU MALHOTRA, J JANUARY 20, 2022 nc Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.01.2022 12:29