GHANSHYAM MEENA Vs. CBI THROUGH SUPERINTEND OF POLICE SPE
HIGH COURT OF UTTARAKHAND
CBI THROUGH SUPERINTEND OF POLICE SPE DEHRADUN
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Hon'ble Prafulla C. Pant, J. -
(2.) THIS appeal is directed against the judgment and order dated 17.04.2012, passed by Special Judge, Anti Corruption (CBI) Uttarakhand, Dehradun, in CBI case no. 3 of 2009, whereby said court has convicted the appellants Ghansyam Meena, Virendra Bahadur Singh and Adesh Mishra under section 7/13(1)(d) r/w 13(2) Prevention of Corruption Act, 1988 and under section 120B IPC.. Each one of the appellants has been sentenced to rigorous imprisonment for a period of three years and directed to pay fine of ` 10,000/- under section 7/13(1)(d) r/w 13(2) Prevention of Corruption Act, 1988, and rigorous imprisonment for a period of one year and directed to pay fine of ` 5,000/- under section 120B IPC..
Udmit the appeal.
Summon the lower court record.
(3.) HAVING considered submissions of learned counsel for the appellants, and learned counsel for the CBI, as an interim measure it is directed that the appellants Ghansyam Meena, Virendra Bahadur Singh and Adesh Mishra be released on bail on executing personal bond by each one of them, and furnishing two sureties for each one of them each of the like amount to the satisfaction of the court concerned.
Learned counsel for the appellants also prays for suspension of sentence. However, considering the facts and circumstances of the case and nature of the offence, this Court is not inclined to suspend the sentence under section 389 Cr.P.C.. So far as the bail is concerned, the Court has already passed the order as above. (Bail & suspension of sentence application no. 451 of 2012, stands disposed of).;
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