Chaman Lal vs Cbi
2014 Latest Caselaw 5150 Del

Citation : 2014 Latest Caselaw 5150 Del
Judgement Date : 14 October, 2014

Delhi High Court

Chaman Lal vs Cbi on 14 October, 2014

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CRL.A. 1519/2013
     CHAMAN LAL
                                                  ..... Appellant
                       Through: Mr. Govind Narayan, Advocate

                          versus
     CBI                                                   ..... Respondent
                          Through:       Mr. Sanjeev Bhandari, Standing Counsel
                                         for CBI
     CORAM:
     HON'BLE MS. JUSTICE SUNITA GUPTA
                    ORDER

     %              14.10.2014

     Crl. MB 10221/2014

1. This is an application u/s 389 Cr.P.C. r/w Section 482 Cr.P.C. moved by the appellant for suspension of sentence during the pendency of the appeal.

2. The basic submission of learned counsel for the appellant is that only on the basis of report of hand writing expert, the appellant has been convicted. It is alleged that the appellant has issued a 'solvency certificate' on the basis of which tender was issued in favour of accused Nos. 1 to 4. The document was found in possession of accused No.1 who is the beneficiary. The sentence of the accused Nos. 2 & 3 have been suspended and they have been granted bail while accused No.1 has been granted interim bail. As such, on parity, the appellant is entitled to the same benefit.

3. The application is opposed by learned standing counsel for CBI on the ground that it was on the basis of certificate issued by this appellant that the tender was issued in favour of the accused Nos. 1 & 2. The record was not intentionally kept in the bank so that it may not be verified later. Case of the appellant does not stand on the same footing as that of co-accused. As such, sentence is not liable to be suspended.

4. Keeping in view the fact that sentence of two of the co-accused have already been suspended while sentence of accused No.1 has been suspended and he has been granted interim bail vide order dated 17 th July, 2014, which was continued on 1st August, 2014 and the matter is listed for 4th December, 2014, as such, the sentence of this appellant is also suspended till 4th December, 2014 subject to his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Trial Court concerned subject to the conditions that:-