Delhi High Court - Orders
Dilip Ray vs Central Bureau Of Investigation on 27 October, 2020
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait
$~1 (URGENT)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A.533/2020
DILIP RAY ..... Appellant
Through Mr. Vijay Aggarwal, Mr. Bharat
Sharma, Ms. Barkha Rastogi, Mr.
Chandra Prakash and Mr. Anirudh
Bakhru, Advs.
versus
CENTRAL BUREAU OF INVESTIGATION .... Respondent
Through Mr. Mridul Jain, SPP for CBI
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
ORDER
% 27.10.2020 The hearing has been conducted through video conferencing. Crl. M.A. 14954/2020 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
Crl. M.A. 14951/2020 (Permission to file order on sentence)
3. Allowed, subject to filing of order on sentence dated 26.10.2020 within one week from the receipt of the said order.
4. Application is disposed of.
Crl. M.A. 14952/2020 & 14953/2020 (Permission to file documents)
5. In view of the reasons stated in the applications, the applications are allowed and disposed of.
CRL.A.533/20206. Admit.
CRL.A.533/2020 Page 1 of 37. Digital Trial Court record be requisitioned.
8. List on 25.11.2020 for final disposal.
CRL.M.(BAIL) 8226/2020
9. Vide the present application, applicant/appellant seeks suspension of order on conviction and order on sentence awarded by the Trial Court vide judgment and order on sentence dated 06.10.2020 and 26.10.2020, respectively, whereby applicant was sentenced to undergo rigorous imprisonment for a period of three years with fine of Rs. 2.5 Lacs for the offence punishable under Section 120-B IPC and in default of payment of fine, further simple imprisonment for a period of three months. Applicant was further sentenced to rigorous imprisonment for a period of three years with fine of Rs.2.5 Lacs for the offence punishable under Section 409 IPC and in default of payment of fine, further simple imprisonment for a period of three months.
10. Applicant was further sentenced to rigorous imprisonment for a period of three years with fine of Rs. 2.5 Lacs for the offence punishable under Section 13 (1) (c) P.C. Act, 1988 and in default of payment of fine, further simple imprisonment for a period of three months. Applicant was also sentenced to rigorous imprisonment for a period of three years with fine of Rs. 2.5 Lacs for the offence u/s 13 (1) (d) P.C. Act, 1988 and in default of payment of fine, further simple imprisonment for a period of three months. All the sentences were directed to run concurrently. Benefit of Section 428 Cr.P.C. was also given to applicant.
11. Notice issued.
12. Learned SPP for the respondent accepts notice.
13. Mr. Mridul Jain, learned SPP submits that the applicant has been CRL.A.533/2020 Page 2 of 3 sentenced to undergo RI for three years and he has no objection if the order on sentence passed by the Trial Court is suspended, however, since the appeal has already been listed for final disposal by this Court, therefore, application for suspension of order on conviction deserves to be dismissed.
14. At this stage , learned counsel for the applicant does not wish to press the prayer for suspension of order on conviction in view of the appeal being listed for final disposal.
15. Accordingly, prayer for suspension of order on conviction is dismissed as not pressed.
16. Keeping in view the fact that sentence awarded by the Trial Court is for a period of three years, therefore, I hereby suspend the sentence of applicant during the pendency of the appeal.
17. Accordingly, he shall remain on bail on the same terms and conditions as were imposed by the Trial Court.
18. The application is, accordingly, allowed and disposed of.
19. Copy of this order be transmitted to the Jail Superintendent concerned and Trial Court for information and necessary compliance.
20. The order be uploaded on the website forthwith.
SURESH KUMAR KAIT, J OCTOBER 27, 2020/rk CRL.A.533/2020 Page 3 of 3