Rajasthan High Court - Jodhpur
Dilip Kumar vs Uoi (2025:Rj-Jd:34760) on 6 August, 2025
[2025:RJ-JD:34760]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 467/2015
Dilip Kumar
----Appellant
Versus
UOI
----Respondent
For Appellant(s) : Mr. Naman Bhansali for
Mr. Suresh Kumbhat
For Respondent(s) : Mr. P.C. Solanki, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
06/08/2025
1. The appellant has filed the present appeal under Section 374
(ii) Cr.P.C. being aggrieved against the judgment dated
30.03.2015 passed by the learned Special Judge, C.B.I. Cases,
Jodhpur in Criminal Case No.3/2014, whereby the appellant was
convicted and sentenced as under:-
Section 409 IPC :
Seven years' rigorous imprisonment alongwith a fine of
Rs.3,00,000/- and in default of payment of which, he was
further ordered to undergo six months' additional rigorous
imprisonment.
Section 477A IPC:
Three years' rigorous imprisonment alongwith a fine of
Rs.3,00,000/- and in default of payment of which, he was
further ordered to undergo six months' additional rigorous
imprisonment.
Section 13(2) read with 13(1)(c)(d) of the Prevention of
Corruption Act, 1985:
Five years' rigorous imprisonment alongwith a fine of
Rs.3,00,000/- and in default of payment of which, he was
further ordered to undergo six months' additional rigorous
imprisonment.
[2025:RJ-JD:34760] (2 of 3) [CRLA-467/2015]
2. By way of order-sheet dated 11.07.2025, this Court has
directed the learned Special Public Prosecutor appearing on behalf
of the C.B.I. to call for the custody certificate of the appellant.
3. Pursuant to the said order, the custody certificate has been
produced showing that the appellant has already undergone the
total sentence including the period of default qua payment of fine.
The custody certificate is taken on record.
4. Learned counsel for the appellant submits that in view of the
fact that the entire period has already been undergone by the
appellant, nothing survives in the present appeal, the same has
therefore been rendered infructuous and he thus prays for
disposal of appeal accordingly.
5. This Court, however, has perused the record of the case and
considered the matter on merits also. This Court finds that the
finding given by the learned trial Court are supported by material
and cogent evidence, more particularly the statements of PW-1,
Rakesh Kumar and PW-28, Kalu Ram, who were posted as
Assistant Superintendent, Post Office, Nagaur. The statements and
the material brought on record more particularly the FSL report
Ex.P564 along with other exhibits which prove the
requisition/request made by the appellant for enhancing the credit
limit and thereafter withdrawal of the same by him as also the
enquiry report which was exhibited by the prosecution, clearly
prove that the appellant was guilty of the offences alleged against
him and therefore the trial Court rightly convicted the appellant by
way of passing of the impugned judgment dated 30.03.2015.
6. Thus, considering the overall submissions, including the fact
that the appellant has already undergone the entire sentence
[2025:RJ-JD:34760] (3 of 3) [CRLA-467/2015]
including the sentence and default of payment of fine, as also on
the merits, the appeal fails and is dismissed accordingly.
(SANDEEP SHAH),J
138-Love/-
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