Heard learned counsel for the appellant, learned A.G.A. and Sri G.S. Hajela, learned counsel for CBI.
Office is directed to send for the record forthwith and get the record positively within two weeks.
Special Judge, CBI is directed to transmit the record through special messanger to this Court forthwith.
The appeal is directed to come up in the third week of February, 2010 before the appropriate Bench for final hearing showing the name of Sri G.S. Hajela as learned counsel for CBI. Meanwhile, Registry is directed to get the paper book ready.
Admit.
Summon the trial court record.
The appellant has been convicted in Special Case No. 30/2005 (CBI Vs. P.P. Gupta and others) passed by Anti Corruption Additional District and Sessions Judge, Ghaziabad for offences under sections 120B, 420, 468, 471 I.P.C. and 13(1)(D) read with 13(2) Anti Corruption Act and the maximum sentence awarded to him is 2 years RI. The rest of the sentences are lesser sentences and all the sentences have been ordered to run concurrently. On the bail prayer of the appellant and suspension of sentence under Section 389 Cr.P.C. it is submitted by the counsel for the appellant that the appellant was on bail during the trial and he has not misused the liberty of bail. He further contended that the appeal is not likely to be heard in near future and the appellant is on interim bail.
Learned AGA as well as learned counsel for CBI could not dispute the said fact. Without expressing any opinion on merit, let the appellant P.P. Gupta be enlarged on bail on his furnishing a personal bond of Rs. 1 lac with two sureties each in the like amount to the satisfaction of trial Judge concerned in the above sessions trial for above offences. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge, Ghaziabad to be kept on the record of this appeal. The appellant is allowed one month time to deposit half of the amount of fine awarded to him. Rest half of the amount of fine shall remain stayed during the pendency of this appeal in this court.
Order Date :- 7.1.2010AKG/-