Shri Agnesh Verma vs State
2017 Latest Caselaw 6817 Del

Citation : 2017 Latest Caselaw 6817 Del
Judgement Date : 29 November, 2017

Delhi High Court

Shri Agnesh Verma vs State on 29 November, 2017

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                 Order Reserved On:20thNovember,2017
                             Order Pronounced On:29th November,2017

+     CRL.A.858/2017 & CRL.M.A.15881/2017
      SHRI AGNESH VERMA                                      .....Appellant

                   versus
      STATE                                                 ....Respondent

+     CRL.A.872/2017 & CRL.M.B.1633/2017
      TARA CHAND                                             .....Appellant

                   versus
      STATE                                                 ....Respondent

      Present:     Mr. Ramesh Gupta Senior Advocate with Mr. Ashwin
                   Vaish, Advocate.
                   Mr. Akshai Mallik, APP for the State.

      CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

CRL.M.A.15881/2017 (Recall) in CRL.A.858/2017

1. An application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') has been filed on behalf of the State for seeking setting aside/recalling of Order dated 08.09.2017 passed by this Hon'ble Court in CRL.A.858/2017 in case FIR No. 42/2002 registered under Section 13(1)(C) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'PC Act') and Sections 409/420/468/471/120B of the Indian Penal

Code (hereinafter referred to as the 'IPC') whereby the appellant/Shri Agnesh Verma was directed to be released on bail, till the final disposal of the subject appeal.

2. Mr. Akshai Mallik, learned APP for the State contended that the appellant obtained bail by concealing the fact that the appellant is also involved in another FIR No.66/2003 under Section13(1)(C), 13(2) of the PC Act, read with Section 420/568/471/120-B of IPC; that the appellant has only undergone 3 months of imprisonment out of the total imprisonment of 7 years awarded to him; that from a perusal of the order under challenge, it is evident that the petitioner was convicted and sentenced by the Trial Court only after sufficient evidence came on record against him; that the prosecution has been able to prove its case beyond reasonable doubt; that in the said circumstances the order dated 08.09.2017 be recalled.

3. On the other hand, Mr. Ramesh Gupta, learned Senior Counsel for the appellant submitted that the present application filed on behalf of the State under Section 482 Cr.P.C. is not maintainable as the same is barred by Section 362 Cr.P.C. by virtue of which this Court does not have the power to review its own Order; that the existence of the said another case FIR No.66/03 against the appellant was well within the knowledge of the State as the same has arisen out of the FIR No.42/02 which is the subject matter of the present appeal; that in said circumstances the application be dismissed.

4. I have heard the learned counsel for the parties and perused the material available on record.

5. Perusal of the record reveals that the said another case FIR No.66/03 against the appellant registered under Section13(1)(C), 13(2) of the PC Act, read with Section 420/568/471/120-B of IPC has arisen out of the FIR No.42/02 which is the subject matter of the present appeal.

6. Moreover the order dated 08.09.2017 has been passed by this Hon'ble Court upon a careful scrutiny of the facts and circumstances of the case and as such suffers from no illegality. Therefore the application seeking recall of the said order is without any merit and is accordingly dismissed.

CRL.M.B.1633/2017 (Suspension of Sentence ) in CRL.A.872/2017

7. The present application has been filed under Section 389 of the Cr.P.C., by the applicant/Tara Chand for seeking suspension of sentence and release of appellant on bail in case FIR No. 42/2002 registered under Section 13(1)(C) of the PC Act, 1988 and Sections 409/420/468/471/120B of the IPC, registered at Police Station, Anti Corruption Branch, Delhi.

8. Learned Senior Counsel for the appellant submitted that as the co-

accused Shri Agnesh Verma was having role similar to that of the applicant/petitioner in the present case, the applicant/petitioner is also entitled to be released on bail on the ground of parity.

9. On examination of the present case it transpires that the case of the applicant/petitioner is identical/similar to the co-accused Shri Agnesh Verma, who has already been released on bail until the pendency of the present appeal. Hence the desirability of consistency requires that the present applicant/Tara Chand should

also be released on bail.

10. Accordingly, the applicant/petitioner is released on bail on the ground of parity till the final disposal of the present appeal, subject to the following conditions:-

(i) That the petitioner shall furnish a personal bond in the sum of Rs.25,000/- each with one surety of the like amount subject to the satisfaction of concerned Trial Court;