Gautam Awal vs Cbi
2023 Latest Caselaw 3526 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Judgment reserved on : 10th August, 2023
                                   Judgment delivered on: 18th August, 2023

+                        CRL.A. 431/2023

       GAUTAM AWAL                                            ..... Appellant
                         Through:            Mr.Mukesh Kalia and Ms.Kanika
                                             Vohra, Advocates

                         Versus

       CBI                                                    ..... Respondent
                         Through:            Mr.Jeevesh Nagrath, SPP for CBI,
                                             Mr.Arjun Gaur, Mr.Vedansh Vashisht
                                             and Mr.Rajat Gupta, Advocates.

       CORAM:
       HON'BLE MR. JUSTICE AMIT BANSAL

                         JUDGMENT

CRL.M.(BAIL) 754/2023 (suspension of sentence)

1. By way of the present application, the applicant seeks regular suspension of sentence during the pendency of appeal filed by the applicant in FIR RC No. 4(A)/2013/AC-III/CBI/New Delhi under Sections 120B/420/466/468/471 of the Indian Penal Code, 1860 (IPC) and Sections 13(2)/13(1)(d) of the Prevention of Corruption Act, 1988 (PC Act).

2. Vide judgment dated 3rd May, 2023, the applicant was convicted by the Special Judge (PC Act), CBI, Rouse Avenue Court Complex, New Delhi under Sections 120-B/420 of the IPC and 13(2)/13(1)(d) of the PC Act and vide order on sentence dated 6th May, 2023, sentenced to three years

Signature Not Verified Digitally Signed By:AMIT BANSAL Signing Date:18.08.2023

rigorous imprisonment and a fine of Rs. 5,00,000/-.

3. Learned Counsel for the applicant submits that the Trial Court on 6th May, 2023, had suspended the sentence of the applicant till 5th July, 2023 and the fine imposed has been paid by the applicant on 6th May, 2023. He further submits that the applicant has been on bail throughout the period of trial and has never misused the liberty granted to him.

4. This Court had granted interim suspension of sentence to the applicant vide order dated 25th May, 2023, which has been continuing till date.

5. The Supreme Court in the judgment of Sudhir Kumar Jain v. State of Delhi, MANU/SC/8988/2007, has observed as under:

"6. Keeping in view the fact that the appeals are not being disposed of expeditiously by Appellate Courts, Legislature, in its wisdom, has enacted Section 389, Code of Criminal Procedure Sub-section (3) of which empowers the Trial Court to suspend the sentence of such convicts, who have been convicted for a period not exceeding three years, for such period as will afford them sufficient time to present an appeal. Section 389 also empowers the Appellate Court including the High Court to suspend the sentence and release the convict on bail during the pendency of the appeal in case the period of sentence does not exceed three years."

6. Considering the above facts and circumstances and that the sentence awarded to the applicant is imprisonment for a period of 3 years and the appeal is unlikely to come up for hearing in the near future, this Court deems it fit to suspend the sentence of the applicant during the pendency of the appeal.

7. Accordingly, the application is allowed. The sentence of the applicant is hereby suspended during the pendency of the appeal and he shall be released on bail on furnishing a personal bond in sum of Rs. 25,000/- with

Signature Not Verified Digitally Signed By:AMIT BANSAL Signing Date:18.08.2023

one surety of the like amount, subject to the satisfaction of the Trial Court and further subject to the following conditions: i. The applicant shall provide his mobile number(s) to the Investigating Officer (IO) concerned, which shall be kept in a working condition at all times and shall not switch off or change the mobile number without prior intimation to the IO concerned during the period of suspension of sentence.

ii. The applicant shall furnish his permanent address to the IO within two weeks of his release and in case he changes his address, he will inform the IO concerned and this Court.

iii. The applicant shall appear before the Court as and when the appeal is taken up for hearing.

iv. The applicant shall not leave the country without the permission of this Court.

8. The application stands disposed of in above terms.

9. Copy of this order be given to the counsel for the applicant dasti under the signature of the Court Master.

AMIT BANSAL, J.

AUGUST 18, 2023 sr

Signature Not Verified Digitally Signed By:AMIT BANSAL Signing Date:18.08.2023