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IN THE HIGH COURT OF DELHI AT NEW DELHI
Anu Malhotra, J.
Mahesh Kumar Agarwal – Appellant
Versus
Central Bureau of Investigation – Respondent
Crl.A. 189 of 2022 & Crl.A. No. 192 of 2022
Decided On : 23-05-2022
Criminal Procedure Code, 1973 - Section 389, 437, 439 – Indian Penal Code, 1860 – Section 120B, 420, 471, 511 - Prevention of Corruption Act, 1988 - Section 13 (1)(d) (ii) and 13 (1)(d) (iii) - Grant Of Suspension Of Sentence - Appellant and Nirmal Kumar Agarwal, respectively vide applications, filed under Section 389 of Cr.P.C., 1973, seek grant of suspension of sentence during pendency of appeal admitted vide orders in as much as both applicants have been convicted vide same impugned judgment of learned Special Judge and both applicants have been sentenced vide same impugned order on sentence and thus it has been considered appropriate to take up two applications together.
Finding of the Court :
CBI has further submitted to effect that instant case in which applicants have been convicted relates to commission of an economic offence which has to be viewed with a different approach in as much as these offences cause irreparable harm to economic system with reliance having been placed - On a consideration of submissions that have been made on behalf of either side, without adverting to merits or demerits of conviction of applicants and sentences imposed on them vide common impugned judgment and vide common impugned order on sentence it being apparent that it does not appear that convicts herein are likely to evade process of law in as much as despite their not having been released neither before institution of charge sheet nor thereafter in as much as they were not incarcerated at any stage coupled with factum that period of more than 6 years has lapsed from when trial commenced, coupled with factum that fine imposed on applicants has been deposited, and taking into account factum that there is no strait jacket formula for consideration of applications under Section 389 of Cr.P.C., 1973 qua offences for which convicts are convicted.
Result : Crl.M.B. are disposed of.
JUDGMENT :
Anu Malhotra, J.
CRL.M.(BAIL) 513/2022 in CRL.A. 189/2022
CRL.M.(BAIL) 514/2022 in CRL.A. 192/2022
1. The appellant Mahesh Kumar Agarwal of Crl.A. No. 189/2022 and Nirmal Kumar Agarwal, appellant of Crl. A. No. 192/2022 respectively vide applications, i.e., Crl. M.(Bail) 513/2022 in Crl. A. No. 189/2022 and Crl. M.(Bail) No. 514/2022 in Crl. A. No. 192/2022 filed under Section 389 of the Cr. P.C., 1973, seek the grant of suspension of sentence during the pendency of the appeal admitted vide orders dated 2.5.2022 in as much as both the applicants have been convicted vide the same impugned judgment dated 21.4.2022 of the learned Special Judge (PC Act), CBI (Coal Block Cases-01), Rouse Avenue District Courts, New Delhi in CC No. 252/2019 and both the applicants have been sentenced vide the same impugned order on sentence dated 25.4.2022 and thus it has been considered appropriate to take up the two applications together.
2. Vide the impugned judgment dated 21.4.2022 in CNR NO. DLCT-11-000961-2019, the applicant Nirmal Kumar Agarwal, the appellant of Crl.A No. 192/2022 has been convicted for the offences punishable under Sections (i) u/s 120B IPC, (ii) u/s 120B IPC read with Section 420 IPC, (iii) u/s 420 IPC and (iv) u/s 471 of the Indian Penal Code, 1860, whereas the applicant Mahesh Kumar Agarwal the appellant of Crl.A. No. 189/2022 has been convicted for the offences punishable under Sections (i) u/s 120B IPC, (ii) u/s 120B IPC read with Section 420 IPC (iii) u/s 420 IPC read with Section 511 IPC and (iv) u/s 471 IPC.
3. The said appellants vide the impugned order on sentence dated 25.4.2022 have been sentenced as under:-
| Sr. No. | Particulars | Term of imprisonment | Fine | In the event of default in |
| 1. | --- | --- | --- | --- |
| 2.
| Nirmal Kumar Agarwal @ Nirmal Agarwal
| a) U/s 120B, 120B r/w 420 IPC-Four (4) years rigorous imprisonment | a) U/s 120B, 120B r/w 420 IPCRs. 10,00,000/- (Rs. Ten Lakhs Only) | a) Four (4) months simple imprisonment. |
| b) U/s 420 IPC - Four (4) years rigorous imprisonment. | b) U/s 420 IPC - Rs. 10,00,000/- (Rs. Ten Lakhs Only). | b) Four (4) months simple imprisonment. | ||
| c) U/s 471 IPC - Four (4) years rigorous imprisonment. | c) U/s 471 IPC - Rs. 10,00,000/- (Rs. Ten Lakhs Only). | c) Four (4) months simple imprisonment. | ||
| 3.
| Mahesh Kumar Agarwal @ Mahesh Kumar Agarwal
| a) U/s 120B, 120B r/w 420 IPC-Four (4) years rigorous imprisonment | a) U/s 120B, 120B r/w 420 IPCRs. 10,00,000/- (Rs. Ten Lakhs Only) | a) Four (4) months simple imprisonment. |
| b) U/s 420 r/w 511 IPC – Three years (3) and Six (6) months rigorous imprisonment. | b) U/s 420 r/w 511 IPC - Rs. 10,00,000/- (Rs. Ten Lakhs Only). | b) Four (4) months simple imprisonment. | ||
| c) U/s 471 | c) U/s 471 | c) Four (4) | ||
| IPC - Four (4) years rigorous imprisonment. | IPC - Rs. 10,00,000/- (Rs. Ten Lakhs Only). | months simple imprisonment. |
4. The other convict convicted vide the impugned judgment and the impugned order on sentence is M/s Adhunik Corporation Limited of which Mahesh Kumar Agarwal, i.e., appellant in Crl.A. No. 189/2022 is the Managing Director and Nirmal Kumar Agarwal, i.e., the appellant in Crl.A. No. 192/2022 is one of the promoters/Directors there of .
5. It has been observed vide paragraph 43 of the impugned judgment that the allegations against the appellants were that they had made misrepresentations and filed forged and fabricated documents before the MoS, MoC and Screening Committee and by inducing the MoS, Screening Committee, MoC, Government of India to believe these misrepresentations to be true and forged documents to be genuine had got allotted the New Patrpara Coal Block in favour of M/s Adhunik Corporation Ltd. from MoC, Government of India.
6. Charges framed against the three accused i.e., M/s Adhunik Corporatio
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