Allowed

Krishan Kumar v. Central Bureau of Investigation

Allahabad HC27 Jan 2025CRLA/697/2025

Case brief

AI extract

What is this about?

Appellant convicted by CBI special court under IPC Sections 120B, 468, 471 and Prevention of Corruption Act Section 13(2) read with 13(1)(D), sentenced to maximum three years, sought suspension of sentence pending appeal. Court noted heavy docket and remote early hearing, allowed bail on personal bond with two sureties.

What did the court decide?

Suspension of sentence allowed; appellant to be released on bail on personal bond and two sureties with conditions.

Krishan Kumar vs Central Bureau of Investigation — Corruption | Allahabad HC (2025)

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Court No. - 82

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Case :- CRIMINAL APPEAL No. - 697 of 2025

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Appellant :- Krishan Kumar Respondent :- Central Bureau Of Investigation Counsel for Appellant :- Abhishek Dixit,Mehendra Kumar Singh Counsel for Respondent :- Sanjay Kumar Yadav

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Hon'ble Sameer Jain,J.

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Order on Suspension of Sentence Application

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Counter affidavit filed by C.B.I. is taken on record.

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Heard Sri Abhishek Dixit, learned counsel for the appellant and Sri Rahul Srivastava, learned counsel for C.B.I.

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By way of instant application appellant/applicant made following prayer:-

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"It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow the present Application and to suspend the sentence dated 13.12.2024, passed against the Appellant, passed by the learned Additional Sessions Judge/ Special Judge Prevention of Corruption, C.B.I., Lucknow, in Criminal Case No. 10 of 2004, arising out of Case Crime No. RC1(A)2002-ACU-VI/CBI/SPE/New Delhi DT-18-02-2002 Under sections 120B, 468, 471, 201 IPC and Under Section 13(2) r/w 13(1)(D) of Prevention of Corruption Act, 1988, Police Station- C.B.I./S.P.E./ACU(VI), New Delhi, during pendency of present Criminal Appeal before this Hon'ble Court"

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Learned counsel for the appellant/applicant submitted that however, appellant/applicant has been convicted in the present matter by the trial court but he was awarded maximum sentence of three years and he is on interim bail.

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He further submitted that considering the heavy docket of the Court and the fact that applicant has served 1/5th term of sentence awarded to him, he may be released on bail during pendency of instant appeal.

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Per contra, learned counsel for C.B.I. however, opposed the prayer but could not dispute the fact that maximum three years sentence has been awarded to the appellant and he is on interim bail.

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I have heard both the parties and perused the recorded of the

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case.

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However, as per allegation, applicant was public servant and he misused his position and misappropriated public fund and after considering entire evidence produced by prosecution, trial court convicted him for offences under Sections 120-B, 468, 471 IPC and 13(2) r/w 13(1)(D) Prevention of Corruption Act but it reflects, trial court awarded maximum punishment of three years to him and he is on interim bail.

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Considering the above facts and the fact that due to heavy docket of this Court possibility of early hearing of the instant appeal appears to be quite remote, in my view, appellant/applicant is entitled to be released on bail during pendency of instant appeal.

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Accordingly, instant application for suspension of sentence stands allowed .

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Let appellant - Krishan Kumar , convicted and sentenced by the Learned Additional Sessions Judge/Special Judge, Prevention of Corruption, C.B.I., Lucknow in Criminal Case No. 10 of 2004 arising out of Case Crime No. RC1(A)2002-ACUVI/CBI/SPE/New Delhi DT-18-02-2002 Under sections 120B, 468, 471, 201 IPC and Under Section 13(2) r/w 13(1)(D) of Prevention of Corruption Act, 1988, Police StationC.B.I./S.P.E./ACU(VI), New Delhi be released on bail during pendency of appeal on furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The appellants shall not misuse the liberty of bail in any manner whatsoever.

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(ii) The appellants shall pursue the case regularly, shall not seek any unnecessary adjournment and shall co-operate in early disposal of the present appeal.

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(iii) The appellant shall not indulge in any criminal and anti-social activity.

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On acceptance of bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.

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Order on appeal

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List this case after receiving the trial court's record for hearing showing the name of Sri Rahul Srivastava, learned counsel for C.B.I.

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Order Date :- 1.8.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Krishan Kumar v. Central Bureau of Investigation

Case brief

What is this about?

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Krishan Kumar v. Central Bureau of Investigation

Case brief

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