Appellant Was Never Arrested Even During Trial: Delhi HC Suspends Sentence Of Former Public Servant In Coal Block Allocation Case
The Delhi High Court suspended the three-year sentence of a former public servant who had challenged his conviction and jail term in a case related to irregularities in coal block allocation in Chhattisgarh. An appeal was filed under Section 374(2) of the Cr.P.C., 1973 against the conviction order by the Special Judge in CBI.
A Bench of Justice Tushar Rao Gedela held that “Keeping in view the fact that the applicant was never arrested even during the trial as also keeping in mind the fact that the other co-accused persons who are, in fact, public servants have already been granted suspension of sentence, the order of sentence dated 26.07.2023 shall remain suspended qua the applicant/appellant during the pendency of the appeal.”
The appellant challenged the aforementioned orders which sentenced the appellant to three years rigorous imprisonment (RI) and a fine of Rs.10,000 under Sections 120-B, 420 IPC, and Section 13(1)(d)(iii) r/w Section 13(2) P.C. Act.
Advocate Rahul Tyagi appeared for the Appellant and Advocate Tarannum Cheema appeared for the Respondent.
The appellant sought suspension of sentence through an application under Section 389 read with Section 482 Cr.P.C., 1973, during the pendency of the appeal.
The appellant's counsel explained that the trial court had earlier suspended the sentence for 45 days to allow the appellant to file the present appeal. He pointed that sentences of other co-accused (public servants) have been suspended by a related court in two other cases.
He argued that the appellant's situation was better as compared to the public servant co-accused, emphasizing the appellant's conviction under Section 120-B IPC and Section 13(2) r/w Section 13(1)(d)(iii) P.C. Act. The appellant was never arrested even during the trial, the counsel informed the Court. It was further submitted that the appellant's fine had already been paid.
Considering the appellant's non-arrest during trial and the suspension of sentence for the co-accused public servants, the Court decided to suspend the sentence against the appellant.
Cause Title: KC Samria v. Central Bureau Of Investigation
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