Court No. - 87

Case :- CRIMINAL APPEAL No. - 38 of 2018

Appellant :- Dharamveer Singh And Another

Respondent :- Central Bureau Of Investigation Dehradun

Counsel for Appellant :- Rohit Nandan Pandey,Kripa Shanker

Mishra,Saurabh Gour,Yash Tandon

Counsel for Respondent :- Amit Misra,G.A.,Gyan Prakash

with

Case :- CRIMINAL APPEAL No. - 370 of 2018

Appellant :- Surendra Singh

Respondent :- C.B.I. Dehradun

Counsel for Appellant :- Rohit Kumar Singh,Kripa Shanker

Mishra,Lav Srivastava,Ram Singh Yadav

Counsel for Respondent :- Gyan Prakash

with

Case :- CRIMINAL APPEAL No. - 347 of 2018

Appellant :- Raj Bahadur @ Shree Krishna

Respondent :- C.B.I.

Counsel for Appellant :- Rajesh Yadav,Govind Saran

Hajela,Kripa Shanker Mishra

Counsel for Respondent :- Gyan Prakash

with

Case :- CRIMINAL APPEAL No. - 242 of 2018

Appellant :- Roshan Lal @ Siyaram And Another

Respondent :- State of U.P. and Another

Counsel for Appellant :- Devesh Pratap Singh Chauh,Govind

Saran Hajela,Kripa Shanker Mishra,Ratan Singh

Counsel for Respondent :- G.A.,Gyan Prakash

with

Case :- CRIMINAL APPEAL No. - 354 of 2018

Appellant :- Sunder Lal

Respondent :- C.B.I. Dehradun

Counsel for Appellant :- Rohit Kumar Singh,Kripa Shanker

Mishra,Ram Singh Yadav

Counsel for Respondent :- Gyan Prakash

Hon'ble Dinesh Kumar Singh,J.

Heard Sri Kripa Shanker Mishra, learned counsel for the

accused appellant and Sri Sanjay Yadav, learned counsel for the

CBI.

1. The present appeals under Section 374 (2) CrPC has been

filed against the common judgment and order dated 16.11.2017

passed by the Special Judge, Prevention of Corruption (C.B.I.),

Court No. 1, Ghaziabad in Special Case No. 25 of 2011 (Ex-

case No. 65 of 2005).

2. As per the prosecution case, the accused appellants in

pursuance to the advertisement published on 16.12.1991 for the

post of Daak Assistant made applications and they obtained

employment on the basis of forged and fabricated educational

documents. The matter was referred to the C.B.I. for

investigation and after investigation charge sheet has been filed

against the accused Badri Prasad, Haripal Singh, Harish Babu,

Dharmveer Singh, Virendra Singh @ Prem Singh, Raja Bahadur

@ Shrikrishn, Satyapal Singh @ Subhash Chandar, Mahesh

Singh @ Indal Singh, Sundar Lal, Roshan Lal @ Siyaram and

Surendra Singh, under Section 120-B read with Section 419,

420, 467, 468, 471 IPC and Section 13(2) read with Section

13(1)(d) of Prevention and Corruption Act, 1988. During

investigation, the accused Jayveer Singh died on 6.4.2005, and

therefore, no charge sheet was submitted against him.

3. The trial court framed charges for the said offences against

the accused appellants and thereafter on conclusion of the trial

convicted the accused appellants and other for offences under

Sections 120-B read with Section 420, 467, 468 and 471 IPC

for 3 years rigorous imprisonment with fine of Rs. 3,000/-, for

the offence under Section 120-B read with Section 420, 467,

468 and 471 IPC 4 years rigorous imprisonment with fine of Rs.

2,000/-, for the offence under Section 420 read with Section

120-B IPC 7 years rigorous imprisonment with fine of Rs.

7,000/-, for offence under Section 467 read with Section 120-B

IPC 4 years rigorous imprisonment with fine of Rs. 2,000/-, for

offence under Section 468 read with Section 120-B IPC 2 years

rigorous imprisonment with fine of Rs. 2,000/0 for the offence

under Section 471 IPC read with Section 120-B IPC, whereas

accused Badri Prasad who was an employee of post was also

convicted for offence under Section 13(2) read with Section

13(1)(d) of Prevention and Corruption Act, 1988 5 years

rigorous imprisonment with fine of Rs. 10,000/- with direction

that all these sentences run concurrently.

4. Learned counsel for the accused appellant submits that he

does not press the appeals so far as conviction is concerned,

however, considering the custody certificate that the accused

appellants have already been undergone 4 years tw