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 application under Section 311 read with Section 391 read with Section 482 of the Cr.P.C., 1973, Crl.M.A. No. 8205/2005 seeking directions for recording of the additional evidence to further the interest of justice and to avoid miscarriage of justice and vide order dated 22.10.2005 thereon, the prayer made was allowed in terms of Section 311 read with Section 391 of the Cr.P.C.,1973, and the learned Trial Court was directed to examine the witnesses, Dr.C.S. Prabhu, Dr.Bipin Kumar, Dr.Sumit Sural, Konkan Kumar Mandal, i.e. the injured, the Incharge, VRK (South District) New Delhi with records and the In charge HAP Branch, VI Battalion, DAP and was directed to send the recorded evidence to this Court for the purpose of disposal of this appeal. The said witnesses were examined before the Trial Court.

4. Crl.M.A. No. 3637/2007 was then filed by the appellant seeking retrial of the case from the stage of recording of the statement of the accused in view of the additional evidence recorded but on 6.11.2009, the said application was dismissed as not pressed in view of the directions already given by this Court vide order dated 22.10.2005 in Crl.M.A. No.8205/2005 directing the Trial Court to place the additional evidence before this Court and for the purposes of final disposal of the appeal and thus the matter was listed for final disposal on 28.1.2010 at the end of the Board.

5. Crl.M.A. No. 549/2010 once again filed on behalf of the appellant under Section 386(b)(i) read with Section 482 of the Cr.P.C., 1973, by the appellant seeking retrial of the case from the stage of recording of the statement of the accused and the appellant herein under Section 313 of the Cr.P.C., 1973 onwards and passing the judgment afresh was dismissed vide order dated 26.4.2010 and the hearing of the appeal was directed to commence. The appellant however filed Crl.M.A. No. 3025/2011 under Section 482 of the Cr.P.C., 1973 seeking fresh judgment from the Trial Court in light of the additional evidence having come on record and during pendency of this application the appellant filed another application No. Crl.M.A. 18511/2012 seeking preponement of the date of hearing which was dismissed as withdrawn on 6.11.2012 and the matter was brought on Board for hearing and the matter was ultimately listed for arguments during the course of the proceedings on 26.8.2013 but before the hearing could commence, Crl.M.A. No. 10082/2013 under Sections 391 read with Section 311 read with Section 482 of the Cr.P.C., 1973, was filed by the appellant seeking permission to lead additional evidence qua which application it was directed vide order dated 14.7.2015 of this Court that the said application will be considered at the time of hearing of the appeal.

6. Thereafter the appellant filed another applicat