High CourtsSingle Bench(2019) 02 DEL CK 0325

Kirti Shah vs C.B.I.

Delhi High Court · Decided on 13 February 2019

HON’BLE JUDGES
Sunil Gaur, J
CASE NUMBER
Criminal Appeal No. 157, 158 Of 2019

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Judgment

12 paragraphs · 245 words

Crl.M.A.3279/2019 (Exemption)

Allowed subject to all just exceptions.

CRL.M.(BAIL) 284/2019

For  the  offence  under  Section  120B  IPC,  appellant  has  been directed to undergo simple imprisonment for period of two months and fine of Rs. 50,000/- with default clause and for the offence under Section 420 IPC, he has been directed to undergo simple imprisonment of two months and fine of Rs. 2,20,00,000/- with default clause.

Learned senior counsel for appellant seeks suspension of the sentence awarded to appellant by submitting that out of the total stock of 5,000 meteric tons of metal, appellant had lifted 200 tons of metal only, which was dead stock and the additional discount of Rs. 1500/- per ton was legally availed of.

Upon hearing, it is directed that the substantive sentence awarded to appellant shall remain suspended during the pendency of this appeal, subject to appellant depositing a sum of Rs. 3,00,000/- with the Registrar General of this Court within a period of two weeks. Thereafter, it be converted into FDR initially for a period of one year and it be renewed from time to time. Without commenting on the merits of the case, it is directed that upon appellant furnishing bail bond in the sum of Rs. 25,000/-with one local surety in the like amount to the satisfaction of trial court, he be released on bail during the pendency of this appeal.

Accordingly, this application is disposed of.

Dasti.

CRL.A. 157/2019

Admit.

Records be requisitioned.

List in due course.