JUDGMENT :

Since common questions of facts and law are involved in all these appeals, they are heard together and being decided by this common judgment.

2. Present appeals are preferred against the judgment and order dated 13.02.2019 passed in CBI Case No. 12 of 2010, CBI v. Swetabh Suman and others (“the case”), and in Miscellaneous Case No. 09 of 2014, CBI v. Swetabh Suman and others, by the court of Special Judge/CBI, Dehradun (“the Miscellaneous Case”).

3. By the impugned judgment and order, the appellant Swetabh Suman (hereinafter referred to as “A- 1”), has been convicted under Section 11 and Section 13 (2) read with Section 13(1) (e) of the Prevention of Corruption Act, 1988 (for short, “the Act”) and sentenced as hereunder:-

(i) Under Section 11 of the Act – Rigorous imprisonment for a period of 5 years and a fine of Rs. 10,000/-. In default of payment of fine, simple imprisonment for a further period of two months.

(ii) Under Section 13 (2) read with Section 13(1) (e) of the Act – Rigorous imprisonment for a period of 7 years and a fine of Rs. 3,50,70,414/-. In default of payment of fine, simple imprisonment for a further period of 18 months.

4. The appellant Gulab Devi (hereinafter referred to as “A-2) has been convicted under Section 109 IPC read with Section 13(2) read with Section 13(1)(e) and Section 11 of the Act, and sentenced to undergo rigorous imprisonment for a period of one year and a fine of Rs. 10,000/-. In default of payment of fine, simple imprisonment for a further period of two months.

5. The appellant Arun Kumar Singh (hereinafter referred to as “A-3”) has been convicted under Section 109 IPC read with Section 13(2) read with Section 13(1)(e) and Section 11 of the Act, and sentenced to undergo rigorous imprisonment for a period of 4 years and a fine of Rs. 20,000/-. In default of payment of fine, simple imprisonment for a further period of four months.

6. The appellant Rajendra Vikram Singh (hereinafter referred to as “A-4) has been convicted under Section 109 IPC read with Section 13(2) read with Section 13(1)(e) and Section 11 of the Act, and sentenced to rigorous imprisonment for a period of 4 years and a fine of Rs. 20,000/-. In default of payment of fine, simple imprisonment for a further period of four months.

7. By the impugned judgment and order, the following properties have been confiscated in favour of the Government of India under the provisions of Criminal Law Amendment Ordinance (No. 38) of 1944(“the Ordinance”), read with Section 5(6) of the Prevention of Corruption Act, 1988 :-

(i) Rs. 1,00,000/- cash, which were recovered from the search of the house of A-1.

(ii) House No. 169/21, Rajpur Road, Dehradun, registered in the name of A-2.

(iii) Plot No. 10, Block C, Sector 50, Noida, registered in the name of A-2.

(iv) Honda City Car bearing registration No. DL 2C F 0021, registered in the name of A-2.

(v) Hotel Uruvela International, Bodhgaya, Bihar, registered in the name of A-3.

(vi) Flat No. B-122, Panchwati Apartment, Sector 62, Noida, registered in the name of A-4.

(vii) Flat No. 303, IRS, Officers Society, V-33, Vatayan Nehru Enclave, Gomtinagar, Lucknow.

(viii) Land situated at Village Pondha, which were purchased in the name of Abhay Kumar Singh by way of the following sale deeds:-

(a) Sale Deed No. 4069 dated 03.12.2002

(b) Sale Deed No. 721 dated 24.02.2003

(c) Sale Deed No. 722 dated 24.02.2003

(d) Sale Deed No. 75 dated 08.01.2003

(e) Sale Deed No. 723 dated 24.02.2003

(f) Sale Deed No. 1641 dated 14.05.2003

(g) Sale Deed No. 3343 dated 23.07.2004

(h) Sale Deed No. 429 dated 05.02.2004

(i) Sale Deed No. 3344 dated 23.07.2004

(ix) Land situated at Village Pondha, which were purchased in the name of Vinay Kumar by way of sale deeds as hereunder:-

(a) Sale Deed No. 2693 dated 09.08.2002

(b) Sale Deed No. 934 dated 19.03.2003

(c) Sale Deed No. 2753 dated 16.08.2002

8. Criminal Appeal No. 164 of 2019 has