MAHESH KUMAR AGARWAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The appellant Mahesh Kumar Agarwal of Crl.A. No. 189/2022 and Nirmal Kumar Agarwal, appellant of Crl.A. No. 192/2022 respectively vide applications, i.e., CRL.M.(Bail) 513/2022 in Crl.A. No. 189/2022 and Crl.M.(Bail) No. 514/2022 in Crl.A. No. 192/2022 filed under Sec. 389 of the Cr.P.C., 1973, seek the grant of suspension of sentence during the pendency of the appeal admitted vide orders dtd. 2/5/2022 in as much as both the applicants have been convicted vide the same impugned judgment dtd. 21/4/2022 of the learned Special Judge (PC Act), CBI (Coal Block Cases-01), Rouse Avenue District Courts, New Delhi in CC No. 252/2019 and both the applicants have been sentenced vide the same impugned order on sentence dtd. 25/4/2022 and thus it has been considered appropriate to take up the two applications together.

(2.) Vide the impugned judgment dtd. 21/4/2022 in CNR NO. DLCT-11-000961-2019, the applicant Nirmal Kumar Agarwal, the appellant of Crl.A No. 192/2022 has been convicted for the offences punishable under Ss. (i) u/s 120B IPC, (ii) u/s 120B IPC read with Sec. 420 IPC, (iii) u/s 420 IPC and (iv) u/s 471 of the Indian Penal Code, 1860, whereas the applicant Mahesh Kumar Agarwal the appellant of Crl.A. No. 189/2022 has been convicted for the offences punishable under Ss. (i) u/s 120B IPC, (ii) u/s 120B IPC read with Sec. 420 IPC (iii) u/s 420 IPC read with Sec. 511 IPC and (iv) u/s 471 IPC.

(3.) The said appellants vide the impugned order on sentence dtd. 25/4/2022 have been sentenced as under:-