NEERAJ KHATRI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present applications have been filed by the appellants under Section 389 (1) read with Section 482 Cr.P.C. for suspension of sentence during the pendency of the appeal.

(2.) The gist of the cases is that the FIR in the present cases was lodged on 01.03.2016 based on a source information. It showed that Neeraj Khatri, who, at the relevant time, was posted as Dy. Director (Scientist-C) in Ministry of Environment, Forest (MoEF) Govt. of India and accepted a bribe of Rs.4,13,000/- which was in form of bank draft (bearing no.557534 dated 03.07.2012) in favour of VIT University, Vellore, Tamil Nadu made at the instance of S. Vaikundarajan, (Managing Partner of M/s V.V.Minerals) from the accounts of M/s V.V.Minerals, Chennai. It is disclosed that an application for environment clearance of M/s V.V.Minerals was pending in Ministry of Environment and Forest, where Neeraj Khatri was Dy. Director. It is stated that the expenditure for the demand draft of Rs.4,15,000/-(including commission) is shown in books of account of M/s V.V.Minerals on 05.07.2012 as "donation MoEF Officer Chennai payment".

(3.) It is submitted by the counsels for the appellants that appellants were on bail during the entire period of about 5 years since the day of filing of the FIR/RC including the period of trial and have never misused the privilege granted to them. They further submitted that the fine which was imposed vide the order on sentence has already been paid by appellants S. Vaikundarajan and Subbulakshmi. However, it is submitted by the counsel for the appellant Neeraj Khatri that fine will be paid today itself.