Crl. A. 1190/2012 & Crl.A. 1234/2012Page 1 of 17

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: July 15, 2022

Pronounced on: August 05, 2022

+

CRL.A. 1190/2012

PHOOL KUMAR MEHRA

...... Appellant

Through:

Mr. Manu Sharma, Mr. Vaibhav

Tomar, Mr. Aditya Bharadwaj,

Ms. Shristi Gupta, Mr. Kartikay

Masta and Mr. Varun Kumar,

Advocates

Versus

STATE OF DELHI

...... Respondent

Through:

Mr. Hirein Sharma, Additional Public

Prosecutor for State with SI Bijender

Singh, Anti Corruption Bureau

+

CRL.A. 1234/2012

IRFAN KHAN

...... Appellant

Through:

Mr. Harish Pandey, Advocate

Versus

STATE

...... Respondent

Through:

Mr. Hirein Sharma, Additional Public

Prosecutor for State with SI Bijender

Singh, Anti Corruption Bureau

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

JUDGMENT

1.

The above captioned appeals are directed against the judgment dated

11.09.2012 and order on sentence dated 13.09.2012 passed by the learned

trial court in CC No. 04/2007, vide which appellant- Phool Kumar Mehra [in

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002958

Crl. A. 1190/2012 & Crl.A. 1234/2012Page 2 of 17

the first captioned appeal Crl.A.1190/2012] has been held guilty of the

offences under Section 15 of Prevention of Corruption Act, 1988 read with

Sections 120B/420/511 IPC. Vide impugned order dated 13.09.2012, the

appellant- Phool Kumar Mehra has been directed to undergo rigorous

imprisonment for a period of one year and fine of Rs.4,000/- and in default

of payment of fine, he has been directed to further undergo simple

imprisonment of four months. Besides, he has also been sentenced to

rigorous imprisonment of one year with fine of Rs.4,000/- under Section

120-B IPC and in default of payment of fine, he is directed to undergo

simple imprisonment of four months. He is also sentenced to undergo

rigorous imprisonment of one year with fine of Rs.4,000/- under Section 420

IPC read with Section 511 IPC and in default of payment of fine, he is

directed to undergo sentence of four months.

2.

Vide impugned judgment appellant- Irfan Khan [in the second

captioned appeal Crl.A.1234/2012] has also been held guilty and vide

impugned order on sentence, he is sentenced to undergo rigorous

imprisonment for a period of one year with fine of Rs.4,000/- under Section

120 B IPC and in default of payment of fine, he is directed to undergo

simple imprisonment of four months. He is also directed to undergo rigorous

imprisonment for one year with fine of Rs.4,000/- under Section 420 IPC

read with Section 511 IPC and in default of payment of fine, the appellant is

directed to undergo simple imprisonment of four months.

3.

By this common judgment, I shall dispose of both the captioned

appeals as these arise out of common impugned judgment dated 11.09.2012

and order on sentence dated 13.09.2012.

4.

The factual matrix of these appeals, as spelt out in the impugned

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002958

Crl. A. 1190/2012 & Crl.A. 1234/2012Page 3 of 17

judgment dated 11.09.2012, are that appellant- Phool Kumar Mehra was the

Superintendent of Children Home for Boys, Narela; Home for Aged and

Infirm Persons, Narela and After Care Home for Boys, Narela, when the

tenders for the work of white wash and paint in these ‘Three Homes’ was

invited in the year 2003, which was awarded to appellant No.2-Irfan Khan.

A complaint was received at the Anti Corruption Branch (ACB), Delhi by

Sh.R.P.Singh, Welfare Officer, with regard to irregularities committed by

the appellant- Phool Kumar Mehra in conspiracy with appellant- Irfan Khan.

An enquiry committee was constituted, which found that the work in

question was awarded in violation of the prescribed rules, as the work order

was for more than value of Rs.One Lac and so, open tenders should have

been invited but instead thereof, limited quotations were called and the work

was awar