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2022 Supreme(Del) 2020

ANU MALHOTRA
Ajay Gupta – Appellant
Versus
State – Respondent


Advocates appeared:
Prag Chawla and Ms. Ruchi Kapoor, Advocates, for the Petitioner.
Prasanta Verma, SPP for CBI with Amit Singh, Advocate, for the Respondent.

JUDGMENT

Anu Malhotra, J.

1. The appellant, vide the present appeal assails the impugned judgment dated 5.7.2003 and the impugned order on sentence dated 7.7.2003 of the then Special Judge, Delhi in RC No.80(A)/96/CBI/ACB/New Delhi whereby Ajay Gupta, the appellant herein, then posted as Sub-Inspector was convicted qua the commission of offences punishable under Section 7 and Section 13(1)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988, and was sentenced to undergo rigorous imprisonment for a period of four years with a fine of Rs.500/- each under Section 7 and Section 13(2) of the Prevention of Corruption Act, 1988, with the substantive sentences having been directed to run concurrently and in default of the payment of the fine, the appellant was directed to undergo rigorous imprisonment for a period of three months on each count.

2. Vide order dated 29.8.2003, the sentence of the appellant was directed to remain suspended during the pendency of the appeal on his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the Trial Court.

3. During the pendency of the appeal, the applicant filed an applic

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