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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT SHARMA, J.
Ramesh Kumar Jayaswal - Appellant
Versus
Central Bureau Of Investigation - Respondent
Crl.A. 14 of 2025
Decided on : 08-01-2025
(A) Criminal Procedure Code - Sections 389 and 430 - Appeal against conviction under Sections 420, 120B, and 471 of IPC - Appellant convicted and sentenced to 3 years rigorous imprisonment plus fine - Application for suspension of sentence pending appeal - Court extends suspension of sentence until next hearing. (Paras 3-4, 8, 14)
(B) Appeal - Scope of appellate review - Appellate court's role in reviewing lower court's decision and consideration for suspension of sentence. (Paras 5-6)
Facts of the case:
The appellant was convicted for offences under IPC sections and sentenced to rigorous imprisonment and a fine, with a concurrent sentence structure. The appeal seeks to challenge the conviction and sentence.
Findings of Court:
The court acknowledges the request for suspension of the sentence and extends the previous order until the next hearing date.
Issues: The main issue revolves around the suspension of the sentence during the pendency of the appeal.
Ratio Decidendi: The court emphasizes the necessity for a fair examination of the appeal and the appropriateness of suspending the sentence pending decision.
Result: Application for suspension of sentence is granted.
ORDER :
1. This hearing has been done through hybrid mode.
CRL.M.A. 186/2025 (Exemption)
2. Allowed, subject to all just exceptions. The application is disposed of.
CRL.A. 14/2025
3. The present appeal under Section 415(2) of the BNSS has been filed assailing the impugned judgment of conviction dated 09.12.2024 and order on sentence dated 11.12.2024 passed by the learned Special judge, CBI (PC Act), Coal Block Cases-01, Rouse Avenue Court Complex, New Delhi, whereby the present appellant, alongwith two other co-accused persons, has been convicted in CBI No. 41/2020 arising out of FIR No. RC 221 2016 E 0002, under Sections 420 read with Section 120B of the IPC and Section 471 of the IPC, registered with CBI.
4. Vide the aforesaid impugned judgment of conviction and order on sentence, the appellant has been convicted for the offences punishable under Section 420 of the IPC, Section 120B read with Sections 420/471 of the IPC. The appellant has been sentenced to undergo rigorous imprisonment for a period of 3 years for each offence, i.e., under Section 420 of the IPC and Section 120B read with 420 of the IPC and Section 471 of the IPC along with a fine of Rs. 20 lakhs and in default of payment of fine, to undergo further simple imprisonment for a period of four months for each offence. The sentences were directed to run concurrently and benefit of Section 428 of the CrPC was also granted to the present appellant.
5. Admit.
6. The Registry is directed to requisition the Trial Court Record with proper index, pagination and bookmarks for perusal of this Court by the next date of hearing. Let the paperbook for the same be also prepared. Let the TCR be tagged along with the present appeal. Learned Counsel for the parties may obtain the electronic record of the Court, including the TCR and the paper book, upon request from the Registry.
7. List in due course.
CRL.M.A. 185/2025 (Suspension)
8. The present application under Section 430 of the BNSS (Section 389 CrPC) read with Section 528 of the BNSS (Section 482 of CrPC) seeks the following prayers: -
“A. Grant an ad interim ex parte stay and/or suspension of Impugned Orders of Conviction & Sentence dated 09.12.2024 and 11.12.2024 passed in case titled CBI v. Manoj Kumar Jayaswal & Ors. bearing CBI No.41/2020 qua the Applicant herein during the pendency of the present Appeal before this Hon’ble Court.
B. Release the Applicant on bail during the pendency of the Appeal, on such terms and conditions as this Hon’ble Court may deem fit and appropriate.
C. Pass such further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case and in the interest of justice.”
9. Learned Senior Counsel appearing on behalf of the Appellant/Applicant has submitted that the sentence of the co-convict in the present case has been suspended vide order dated 23.12.2024 in CRL.M.(BAIL) 2138/2024 in CRL.A. 1186/2024. It is further pointed out that the appellant has been sentenced to rigorous imprisonment for a period of 3 years.
10. Issue notice.
11. Learned SPP for CBI accepts notice.
12. Let a status report be filed with respect to the present application.
13. List on 15.01.2025.
14. In the meantime, the order of suspension of sentence passed by the learned Special Judge dated 11.12.2024 is extended on the same terms and conditions till the next date of hearing.
The court may suspend the execution of a sentence pending appeal to ensure justice, especially when co-convicts have received similar relief.
Suspension of sentence granted pending appeal based on the Appellant's prior bail status and the acquittal of co-accused, highlighting concerns over the conviction's validity.
Suspension of sentence and bail granted based on the appellant's prior bail status and time served, with conditions imposed.
The court granted bail pending appeal due to lack of substantial evidence and procedural violations, emphasizing the need for fair treatment among co-accused.
The court may suspend a sentence if the accused are on bail and the appeal process is expected to take a significant amount of time.
The court allows bail pending appeal based on parity with co-accused and the applicant's lengthy custody exceeding ten years.
The court has the discretion to suspend a sentence if circumstances justify, such as the duration of custody and potential delays in the appeal process.
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