JAGPAL SINGH CHANEY Vs. CBI

JUDGEMENT

(1.) Crl. MB 10273/2014 in Crl. A. 780/2013 & Crl. MB 10274/2014 in Crl. A. 883/2013

(2.) BY virtue of these applications, the appellant -Jagpal Singh Chaney seeks suspension of sentence and release on bail during pendency of appeals. It is submitted by Mr. Ramesh Gupta, learned senior counsel for the appellant that the appellant has been convicted for offences under Section 120B read with Section 420/467/468/471 of Indian Penal Code read with Section 13(2) and 13(1)(d) of Prevention of Corruption Act and Section 420, 467 and 468 IPC. For the offence of conspiracy i.e. 120B IPC, he has been awarded a sentence of two years rigorous imprisonment with fine while for offence under Section 420, 467 and 468 of IPC, he has been awarded punishment of rigorous imprisonment of three years and six months in addition to fine it was submitted that offence under Section 468 and 471 IPC are not made out even if the prosecution case is taken on its face value inasmuch as the appellant was working as a empanelled valuer with the bank. The valuation report was submitted by him under his signatures, under the circumstances, it cannot be said that the report was false, bogus or forged. Reliance was placed on A.M. Chakrabortty v. Ved Vrat and Ors., : 1986 (2) Crimes 49 and Mohammed Ibrahim and Others v. State of Bihar and Another,, 2009 (4) JCC 2753 :, (2009) 3 SCC (Crl.) 929. It was submitted that the loan, and credit facilities were not granted only on the basis of valuation report by the appellant, but the same were verified by the bank through other channels also. The appellant is in custody for the last fifteen (15) months. He is aged about 68 years and is suffering from various ailments as such his sentence be suspended.