Thakur Dass vs . Cbi
2022 Latest Caselaw 11581 HP

Thakur Dass vs. CBI

.

Cr. A. No.446 of 2022

27.12.2022 Present: Mr. Sanjeev Kumar Suri, Advocate, for the

appellant.

Mr. A.K. Bansal, for the respondent.

CRMP No.3975 of 2022 in Cr. APPEAL No.446 of 2022 rPetitioner has been convicted for offences

under Section 13(2) of Prevention of Corruption Act and

Sections 420, 467, 468, 471 and 120(B) IPC vide judgment

dated 18th June 2022. He was sentenced by learned

Special Judge vide order dated 3rd August 2022.

On an application of the petitioner filed under

Section 389 (3) Cr.PC., learned Special Judge granted him

bail for 30 days vide order dated 3rd August 2022.

Petitioner could not file the appeal within the aforesaid

period of 30 days.

Now, the petitioner has approached to this

Court by filing an appeal against the aforesaid judgment of

conviction and sentence. The appeal of petitioner was

barred by limitation. However, vide order dated 19th

December 2022, the delay was condoned and the appeal

has been ordered to be registered.

As far as CRMP 3975 of 2022 is concerned, the

respondent-CBI has not filed the reply till date. On 26 th

December 2022, when the case was taken up, more time

was sought for filing the reply.

Keeping in view the entirety of facts and

.

circumstances as also valuable vested rights of the

petitioner, it is found expedient that till the next date of

hearing, purely as an interim measure, the substantive

sentence imposed upon the petitioner shall remain stayed

and he shall not be remitted in custody till then.

The petitioner is directed to furnish personal

bond in the sum of Rs.25,000/- with one surety in the like

amount to the satisfaction of learned Special Judge, CBI,

Shimla, undertaking therein that he will appear before this

Court as and when required.

List on 3rd March, 2023.

(Satyen Vaidya)

Judge

27th December, 2022.

(Jugraj)