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Judgment
SUNIL GAUR, J
Crl.M.(B) 18/2019
Crl.M.(B) 224/2019
Crl.M.(B) 287/2019
The applications for suspension of sentence of appellants-Surinder Kumar Gupta, Ram Kishan & Ram Swaroop Narang have been heard.
Appellant-Surinder Kumar Gupta has been sentenced to rigorous imprisonment for seven years with fine of Rs. 5,00,000/- for the offence under Section 120B of IPC read with Section 409 of IPC and for the allied offences, he has been sentenced to lesser period.
Appellants-Ram Swaroop Narang & Ram Kishan have been sentenced to rigorous imprisonment for ten years each with fine of Rs. 10,00,000/- each with default clause and for the allied offences, they have been awarded lesser sentence.
Learned senior counsel for appellants submit that as per the prosecution case, the amount of Rs. 5,49,51,000/- was embezzled by main accused-Mahender Kumar Gupta, who has expired but before he had expired, amount of Rs. 6,01,62,000/- approximately was deposited by him in the account of MCD.
It is submitted that appellants-Surender Kumar Gupta, Ram Kishan & Ram Swaroop Narang have been on bail during the trial and they have a good case of merits. So, it is submitted that the substantive sentence awarded to appellants deserves to be suspended.
On the contrary, learned Additional Public Prosecutor for respondent-State supports the impugned order and submits that no case for suspension of sentence is made out as the appellants had conspired to commit the offence in question.
Upon considering the merits of this case and the forgery angle involved, I do not find it to be a fit case to suspend the substantive sentence awarded to appellants by trial court.
Accordingly, the applications seeking suspension of sentence are hereby dismissed at this stage.
CRL.A. 11/2019
CRL.A. 126/2019
CRL.A. 163/2019
List in the category of 'Regulars' in the week commencing on 14th October, 2019.