P.K. JAIN vs C.B.I. - 2024-02-20

O R D E R

Leave granted.

2. This appeal arises from the judgment and order dated 11.07.2019 passed by the High Court of judicature at Allahabad in Criminal Revision No. 3870 of 2015.

3. Heard the learned counsel for the parties and perused the relevant material.

4. The Trial Court convicted the appellant under Sections 468, 471, 420 and 120B IPC and accordingly awarded sentences under the respective offences. The maximum sentence awarded was two years both under Sections 468 and 471 IPC.

5. On appeal before the Sessions Court, the Appellate Court allowed the appeal and issued the following directions :

"1. Trial Court is directed to frame charge under Section 467 IPC and to conduct further trial on this charge only, under Section 464(2)(a) Cr.P.C.

2. Order dated 3.12.2012 challenged in this Appeal is set aside;

3. Accused are directed to appear before trial court on 30.9.2015. Bail bonds filed int he appeal shall remain effective till date of their appearance in the trial court and accused shall submit their personal bonds of Rs.50,000/- each after they have appeared in trial court on the above date;

4. Bail in the trial court will be decided by the trial court;

5. Trial already conducted shall remain as it is;

6. File/records of this case be sent back to trial court forthwith; and 7. One copy of this Judgment be kept in the files of Cr. Appeal No.159/2012 titled Khairati Lal Khurana Versus CBI; and Cr. Appeal No.03/2013 titled A.S. Mittal Versus CBI; and Cr. Appeal No.04/2013 titled Ashok Kumar Versus CBI."

6. Aggrieved by the same, the appellant preferred revision before the High Court which has since been dismissed by the impugned order.

7. The operative part of the order passed by the Appellate Court creates a lot of confusion. On the one hand, it gives an impression that the appellant has been acquitted of all the charges as the judgment of the Trial Court convicting him has been set aside in full and on the other hand it issues a direction that the Trial Court would proceed to frame charge under Section 467 IPC and to conduct further trial on this charge only, under Section 464(2)(a) of Cr.P.C.

8. The Appellate Court further records that the trial already conducted shall remain as it is, that is to say, that the trial as proceeded for charges under Sections 420, 468, 471 and 120B IPC shall remain as it is.

9. We are unable to find any part in the order of the Appellate Court either upholding the conviction for the offences under which the charges were framed and trial was conducted or there has been acquittal under those offences.

10. In that view of the matter, we set aside the impugned order(s) passed by the High Court as also by the Appellate Court and remit the matter back to the Appellate Court to decide the appeal afresh on its own merits uninfluenced by any observations made either in the impugned order(s) or in the present order. The appeal stands allowed, as above.

11. As the matter is an old one, the Appellate Court would make an endeavor to decide the appeal expeditiously preferably within a period of six months.

12. It goes without saying that the parties shall extend all cooperation for hearing of the appeal.

13. The bail granted by the Appellate Court to the appellant would continue, however, fresh bail bonds may be submitted by the appellant along with fresh sureties within a period of four weeks from today to the satisfaction of the Court concerned.

....................,J.

(VIKRAM NATH)

....................,J. (SATISH CHANDRA SHARMA)

NEW DELHI;

February 20, 2024.

ITEM NO.19 COURT NO.8 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 249/2020

(Arising out of impugned final judgment and order dated 11-07-2019 in CRLR No. 3870/2015 passed by the High Court Of Judicature At Allahabad)

P.K. JAIN Petitioner(s)

VERSUS C.B.I. Respondent(s)

(IA No. 707/2020 - EXEMPTION FROM FILING O.T.)

Date : 20-02-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Siddharth Luthra, Sr. Adv.

Mr. Nachiketa Joshi, AOR Mr. Anmol Kheta, Adv.

Mr. Mohd. Asad Khan, Adv.

Ms. Sucheta Joshi, Adv.

Ms. Himadri Haksar, Adv.

Mr. Narayan Dev Parashar, Adv.

For Respondent(s) Mr. K M Nataraj, A.S.G. (Not Present)

Mr. Mukesh Kumar Maroria, AOR Mr. Sharath Nambiar, Adv.

Ms. Rukhmini Bobde, Adv.

Mr. Anuj Srinivas Udupa, Adv.

Mr. Prashant Singh I, Adv.

Ms. Sweksha, Adv.

Mr. Shaurya Rai, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is allowed in terms of the signed order.

Pending application(s) shall stand disposed of.

(NEETU KHAJURIA) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER

(Signed order is placed on the file.)