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Delhi High Court - Orders

Subodh Anand vs C.B.I on 20 February, 2023

Author: Rajnish Bhatnagar

Bench: Rajnish Bhatnagar

                            $~23
                            *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +      CRL.A. 768/2013
                                   SUBODH ANAND                                         ..... Appellant
                                                      Through:     Mr. Piyush Pahuja and Mr. Upender
                                                                   Kumar, Advocates.

                                                      versus

                                   C.B.I.                                               ..... Respondent
                                                      Through:      Mr. Atul Guleria, SPP for the CBI.

                                   CORAM:
                                   HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
                                                      ORDER

% 20.02.2023 CRL.M.A. 4569/2023 Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.A. 4568/2023 (early hearing)

1. By way of this application, the appellant is seeking early hearing of the appeal.

2. It is submitted by the counsel for the appellant that appellant has been convicted vide impugned Judgment Dated 10/05/2013 and order on sentenced dated 15.05.2013, whereby the appellant was sentenced to undergo rigorous imprisonment for a period of two years alongwith fine of Rs. 50,000/- for the offence punishable under Section 7 of Prevention of Corruption Act and apart from it, the appellant was further sentenced to undergo rigorous imprisonment for a period of two years alongwith fine of Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:21.02.2023 16:47:42 Rs. 50,000/- for the offence punishable Under Section 13 (2) read with 13(l)(d) of Prevention of Corruption Act.

3. At the outset, learned counsel for the appellant submitted that appellant was working as a Sub Inspector in Delhi Police, and now his retirement is due for 28.02.2025. Counsel for the appellant further submitted that appellant has now been dismissed, and if his appeal is heard and he succeeds in the appeal, he would be entitled to the retirement benefits.

4. It is submitted by learned SPP appearing for CBI that appellant is going to retire after more than two years and listing of the present case would be too premature.

5. Be that as it may, since the appellant is dismissed from the service, and his retirement is staring at him, keeping in view the peculiar circumstances of the case, the application is allowed.

6. The application stands disposed of.

CRL.A. 768/2013

7. The appeal be listed for arguments on 3rd May, 2023.

RAJNISH BHATNAGAR, J FEBRUARY 20, 2023/ib