Delhi High Court - Orders
Ajay Kumar Solanki vs Central Bureau Of Investigation ... on 20 January, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 62/2023
AJAY KUMAR SOLANKI ..... Appellant
Through: Mr. Hitendra Nahata and Mr. Alok
Kr. Rout, Advocates.
versus
CENTRAL BUREAU OF INVESTIGATION
THROUGH ITS DIRECTOR ..... Respondent
Through: Mr. Prasanta Varma, SPP with Mr.
Amrit Singh Khalsa, Mr. Sujeet
Kumar, Ms. Hiteshi Kakkar,
Advocates.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 20.01.2023
1. Issue notice. Learned SPP for the CBI accepts notice.
2. Admit.
3. List for final disposal on 27.04.2023.
4. In the meantime, Registry is directed to summon the Trial Court Record and tag the same along with this file.
CRL.M.A. 1557/2023 (exemption)
5. Allowed, subject to all just exceptions.
6. Application stands disposed of.
CRL.M.(BAIL) 92/2023 (suspension of sentence)
7. The present application under Section 389(2) of the Code of Criminal Procedure, 1973 ("Cr.P.C") has been filed by the appellant praying inter alia Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:24.01.2023 21:19:23 for suspension of sentence awarded to him, vide order on sentence dated 23.12.2022, to undergo rigorous imprisonment for a period of 01 year & 6 months and fine of Rs. 10,000/- for the offence punishable under Section 420 of IPC in default of payment of fine, the convict shall undergo simple imprisonment for 01 month; to undergo rigorous imprisonment for 01 year and 06 months and fine of Rs. 10,000/- for the offence punishable under Section 468 of IPC in default of payment of fine, the convict shall undergo simple imprisonment for 01 month; to undergo rigorous imprisonment for 01 year and fine of Rs. 10,000/- for the offence punishable under Section 471 of IPC in default of payment of fine, the convict shall undergo simple imprisonment for 01 month; to undergo rigorous imprisonment for 01 year and fine of Rs. 10,000/- for the offence punishable under Section 120-B of IPC with reference to Sections 420, 468 and 471 IPC in default of payment of fine, the convict shall undergo simple imprisonment for 01 month. Benefit of Section 428 Cr.P.C extended to the convict.
8. Issue notice. Learned APP for the State accepts notice.
9. Learned counsel for appellant submits that aforesaid fine has been paid by the appellant. It is further stated that the appellant is not involved in any other case and that the sentence awarded to appellant in the present case may be suspended during the pendency of the appeal.
10. Having regard to the aforesaid facts & circumstances of the present case, the present application is allowed. It is directed that the sentence awarded to the appellant shall remain suspended during the pendency of the present appeal, subject to his furnishing a personal bond to the tune of Rs. 10,000/- with one surety bond of the like amount, subject to the satisfaction of the learned Trial Court/Successor Court/Link Court/Duty Judge Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:24.01.2023 21:19:23 concerned.
11. Accordingly, application stands disposed of.
12. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J JANUARY 20, 2023/kss Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:24.01.2023 21:19:23