Kirti Shah vs C.B.I.
2019 Latest Caselaw 929 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Date of Order: February 13, 2019

+     CRL.A. 157/2019
      KIRTI SHAH                                        .....Appellant
                         Through:     Mr.Mohit Mathur, Senior
                                      Advocate with Mr. Abhilash
                                      Mathur, Mr. Prashant Jain and
                                      Mr. Manyank Sharma, Advocates

                         versus

      C.B.I.                                            .....Respondent
                         Through:     Mr.Ashutosh Ghade and
                                      Mr. Nikhil Goel, Advocates
      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                         ORDER

(ORAL)

Crl.M.A.3279/2019 (Exemption) Allowed subject to all just exceptions. CRL.M.(BAIL) 284/2019 For the offence under Section 120B IPC, appellant has been directed to undergo simple imprisonment for period of two months and fine of ₹50,000/- with default clause and for the offence under Section 420 IPC, he has been directed to undergo simple imprisonment of two months and fine of ₹2,20,00,000/- with default clause.

Learned senior counsel for appellant seeks suspension of the sentence awarded to appellant by submitting that out of the total stock of

5,000 meteric tons of metal, appellant had lifted 200 tons of metal only, which was dead stock and the additional discount of ₹1500/- per ton was legally availed of.

Upon hearing, it is directed that the substantive sentence awarded to appellant shall remain suspended during the pendency of this appeal, subject to appellant depositing a sum of ₹3,00,000/- with the Registrar General of this Court within a period of two weeks. Thereafter, it be converted into FDR initially for a period of one year and it be renewed from time to time. Without commenting on the merits of the case, it is directed that upon appellant furnishing bail bond in the sum of ₹25,000/- with one local surety in the like amount to the satisfaction of trial court, he be released on bail during the pendency of this appeal.

Accordingly, this application is disposed of. Dasti.

CRL.A. 157/2019 Admit.

Records be requisitioned.

List in due course.

(SUNIL GAUR) JUDGE FEBRUARY 13, 2019 v