Gian Chand vs C.B.I. Chandigarh

Rajive Bhalla, J.—Prayer in this application is for suspension of sentence. The appellant has been convicted under Sections 409 and 477-A of the Indian Penal Code and Section 13(1)(c) read with Section 13(2) of the Prevention of Corruption Act, 1988. As a consequence, the appellant has been sentenced to undergo three years'' rigorous imprisonment with a fine of Rs. 5,000/- and in case of default of payment of fine to undergo further imprisonment for a period of three months u/s 409 of the IPC. He has also been sentenced to three years rigorous imprisonment with a fine of Rs. 2,000/- and in case of default of payment of fine to undergo further imprisonment for a period of one month u/s 477-A of the IPC. u/s 13(2) read with Section 13(1) of the Prevention of Corruption Act, 1988, the appellant has been sentenced to rigorous imprisonment of one year and a fine of Rs. 2,000/- and in case of default of payment of fine to undergo further imprisonment for a period of one month. All these sentences have been ordered to run concurrently.

Counsel for the appellant contends that the judgment suffers from serious illegalities and infirmities. The appellant has been merely condemned as he was a Storekeeper. The trial Court ignored the fact that the appellant was under the direct supervision of a Junior Engineer. It is further contended that the inferences drawn by the trial Court from the record are unwarranted. It is further argued that the trial Court has primarily relied upon an inquiry report Exhibit PW 3/2. It was required to independently access thee evidence against the appellant and only thereafter record its conclusion.

Counsel for the CBI, on other hand, vehemently opposes the grant of bail and states that the appellant is accused of corruption and should, therefore, be denied the benefit of bail.

I have heard learned counsel for the parties and perused the record. The appeal stands admitted and is not likely to be heard in the near future. Arguable pleas have been raised by the appellant which merit consideration. Without expressing any opinion as to the merits of the controversy, the sentence imposed upon the appellant shall remain suspended subject to his furnishing requisite bail bonds/surety to the satisfaction of the trial Court.

Petition allowed.