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2024 Supreme(Online)(DEL) 31634

HIGH COURT OF DELHI
MS. JUSTICE NEENA BANSAL KRISHNA, J
MADHU KODA – Appellant
Versus
STATE THRU CBI – Respondent


Mr. Amit Kumar, Sr. Advocate with Mr. Luv Kumar, Ms. Priyanka Parmar & Mr. Neeraj Kumar, Advocates; Mr. R.S. Cheema, Sr. Advocate with Ms. Tarannum Cheema, Mr. Akshay N, Mr. Sadeev Kang & Mr. Akash Singh, Advocates

JUDGMENT

NEENA BANSAL KRISHNA, J.

CRL.M.(BAIL) 725/2024

1. The present Application under Section 389 (1) read with Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the Applicant seeking suspension of operation of Order of Conviction dated 13.12.2017.

2. The Applicant had been convicted vide Judgment dated 13.12.2017 and Order on Sentence dated 16.12.2017 in CC No. 79/2016 arising out of FIR RC No. 0219/2012 (E) 0012 dated 03.09.2012 for the following offence: -

(i) For the offence punishable under Section 120B of the Indian Penal Code, 1860 (hereinafter referred to as “ IPC , 1908”) read with Section 13(1)(d)(ii)/13(1)(d)(iii) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “PC Act, 1988”) to undergo rigorous imprisonment for a period of three years and also to pay a fine of Rs. 5,00,000/-, in default of payment of fine, to further undergo simple imprisonment for a period of six months,

(ii) For the offence of criminal misconduct by a public servant under Section 13(1)(d)(ii) read with Section 13(2) of PC Act, 1988, to undergo rigorous imprisonment for a period of three years and also to pay a fine of Rs. 10,

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