Petitioner challenged framing of charges under PC Act 1988 and IPC. Court noted petitioner already convicted; appeal pending. Held challenge infructuous. Protection from custody until sentence application decided.
Petition and pending applications disposed as infructuous. Protection against custody continues till suspension application heard.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~12
Through: Mr. Hitain Bajaj, Mr. Zafar Ahmed, Mr. Rajesh Tiwari, Advs. Ms. Vivya Nagpal, Mr. Ekansh Bansal, Advs.
versus
CENTRAL BUREAU OF INVESTIGATIONS .....Respondent Through: Mr. Ripudaman Bhardwaj, SPP-CBI with Mr. Kushagra Kumar and Mr. Abhinav Bhardwaj, Advs.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R D E R
% 10.09.2024
The present petition has been filed challenging the order dated 20.11.2017 passed by Special Judge (PC ACT) CBI-South Distt., Saket Courts, New Delhi whereby the charges were ordered to be framed under Section 13(2)/ 13 (l)(e) of Prevention of Corruption Act, 1988 and under Section 109 IPC in RC l(A)/2003/ACU-VII/V/CBI in CC No. 1/12 & 46/2016.
Learned counsel for the CBI submits that the petitioner has already been convicted vide judgment dated 21.12.2023 and order on sentence dated 17.02.2023. Learned counsel submits that against this, the Criminal Appeal No. 248/2023 titled as Gyan Prakash vs CBI has already been filed before this Court. Learned counsel submits that in these circumstances, the present
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/09/2024 at 12:18:23
petition has become infructuous.
Learned counsel for the petitioner submits that this court vide order dated 19.12.2022, while taking into account the directions of the Division Bench in R.P.S Panwar v. Union of India in which the petitioner is the main accused in the same matter, granted the protection that the petitioner shall not be taken into custody pursuant to the order of conviction and sentence passed by the learned Trial Court. Learned counsel for the petitioner submits that such protection may be allowed to continue.
A perusal of order dated 20.03.2023 of the Co-ordinate Bench of this Court in Criminal Appeal No. 248/2023 indicates that the Co-ordinate Bench of this Court has already extended the protection granted to the petitioner vide order dated 19.12.2022.
Since, the matter has already culminated into the conviction, the present petition becomes infructuous. However, the protection granted vide order dated 19.12.2022 shall continue till the application for suspension of sentence is heard and decided by the Co-ordinate Bench of this Court.
In view of the above, the present petition and all pending applications stands disposed of.
DINESH KUMAR SHARMA, J
SEPTEMBER 10, 2024 JN/KR..
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/09/2024 at 12:18:23
Colour shows how this judgement treated each authority
R.P.S Panwar v. Union of IndiaReferred¶15
G P AGARWAL
CENTRAL BUREAU OF INVESTIGATIONS
DINESH KUMAR SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
