Partly allowed

Dharamveer Singh and Another v. Central Bureau of Investigation Dehradun

Allahabad HC4 Jan 2023CRLA/38/2018

Case brief

AI extract

What is this about?

Five criminal appeals challenging convictions for cheating, forgery and corruption offences were filed. The High Court allowed the appeals for sentence purposes, reducing the sentences to the time already undergone by the appellants, and directed their release from jail.

What did the court decide?

Sentences reduced to time already undergone. Appellants directed to be released from jail and to deposit the fine imposed.

Dharamveer Singh and Another Vs Central Bureau of Investigation… — Corruption | Allahabad HC (2023)

¶1

Court No. - 87

¶2

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

¶3

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.

¶4

Heard Sri Kripa Shanker Mishra, learned counsel for the accused appellant and Sri Sanjay Yadav, learned counsel for the CBI.

¶5

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 (Excase No. 65 of 2005).

¶6

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.

¶7

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.

¶8

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 two months and 2 days till 22 July, 2022 with remission. The accused appellants sentence may be reduced with the sentence already undergone.

¶9

Sri Sanjay Yadav, learned counsel for the C.B.I. does not have any objection to the said submission of learned counsel for the accused appellants. It is also admitted fact that there is no other criminal antecedents against the appellants except for present one in which he has already served 5 years sentence along with remission.

¶10

Considering the aforesaid facts and circumstances of the case and also taking into consideration the submission of learned counsel for the accused appellants and learned counsel for the C.B.I., so far as conviction of the accused appellants for offences as mentioned above is concerned, However, the sentence is reduced to the sentence already undergone by them pending these appeals. Thus, the present appeals are partly allowed.

¶11

The accused appellants are directed to be released from the jail. They are not wanted in some other case. They are also directed to deposit fine imposed by the learned trial court.

¶12

[Dinesh Kumar Singh,J.]

¶13

Order Date :- 4.1.2023 Arif

¶14

Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Dharamveer Singh and Another v. Central Bureau of Investigation Dehradun

Case brief

What is this about?

What did the court decide?

Dharamveer Singh and Another v. Central Bureau of Investigation Dehradun

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jagarnath Ram Vs State of U.P.

Dev Dutta Vs State of U.P and Another

Ramji Vs State of U.P. and Another

Raj Bahadur @ Shree Krishna Vs C.B.I.

Sunder Lal Vs C.B.I. Dehradun

Surendra Singh Vs C.B.I. Dehradun