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2024 Supreme(Del) 753

SWARANA KANTA SHARMA
Dilip Ray – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates appeared:
Mr. Mukul Rohtagi and Mr. Pramod Kumar Dubey, Senior Advocates with Mr. Mahesh Agarwal, Mr. Ankur Saigal, Mr. Ankit Banati, Mr. Shravan Niranjan, Mr. Himanshu Bajaj and Mr. Gaurav Khanna, Mr.Keshav Sehgal, Mr.Anurag Andly and Mr.Satyam Sharma, Advocates, for the Petitioner.
Mr.R.S.Cheema, Senior. Advocate, SPP with Ms.Tarannum Cheema, Mr.Akshay N., Mr.Akash Singh, Mr.Sadeev Kan and Mr.Pawan Kaushik, IO/DSP, for the Respondent.

JUDGMENT

Swarana Kanta Sharma, J.

CRL.M.A. 7631/2024 (for suspension of order of conviction dated 06.10.2020)

1. The instant application under Section 389(1) read with Section 482 of the Code of the Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of applicant/appellant seeking suspension of order of conviction dated 06.10.2020, on the ground that the present applicant has to contest upcoming elections of Odisha Legislative Assembly, 2024.

2. Brief facts of the present case are that this case pertains to allocation of 105.153 hectares of non-nationalized, abandoned coal mining area in district Giridih, Jharkhand in favour of M/s. Castron Technologies Ltd. by 14th Screening Committee, Ministry of Coal, Government of India. It was the case of the prosecution that after the allegations of corruption came to be leveled against certain public servants, an examination on the allocation of various coal blocks to private companies was started by the Central Vigilance Commission. Thereafter, the Central Vigilance Commission had made a reference to Central Bureau of Investigation after finding sufficient material. The Central Bureau of Investigation had initially conducted certain p

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