Agnesh Verma & Anr vs State

Sangita Dhingra Sehgal, J

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

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.

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.

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.

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

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.

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

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.

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.

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.

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;

(ii) that the petitioner shall not leave the territory of India without prior permission of the Court;

The application stands disposed of .

The order to be communicated to the Superintendent of the concerned jail for compliance and record.

Copy of this Order be given dasti, under the signatures of the Court Master.