RAMESH KUMAR JAYASWAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present application under Sec. 430 read with Sec. 528 of the of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short, 'BNSS'), has been filed seeking ad-interim ex-parte stay of the impugned judgment of conviction and order on sentence dtd. 9/12/2024 and 11/12/2024 respectively qua the present appellant/applicant.

(2.) Vide the impugned judgment of conviction, the appellant (A-2) along with his brother/co- convict, Manoj Kumar Jayaswal (A-1) and M/s AIPL (A- 3), has been convicted by the learned Special Judge, (PC Act) (CBI), Coal Block Cases-01, RADC, New Delhi, in Case No. CBI- 41/2020, arising out of FIR No.: RC 221 2016 E 002, under Sec. 120B read with Sec. 420 and Sec. 471 of the Indian Penal Code, 1860, (for short, 'IPC'), registered with Branch, CBI/EO-III/New Delhi, for the offences punishable under Sec. 420 of the IPC and Sec. 120B and Sec. 120B read with Ss. 471/420 of the IPC and vide order on sentence dtd. 11/12/2024, the appellant has been sentenced to undergo rigorous imprisonment for 3 years for each offence along with a total fine of Rs.20.00 Lakhs and in default of payment of fine, to undergo simple imprisonment for a period of 4 months for each offence. All the sentences were directed to run concurrently.

(3.) In the present case, the appellant along with other co-convicts has been convicted in Coal Scam case. He was found guilty of being in conspiracy with convict no. 3, Abhijeet Infrastructure Private Ltd. ("AIPL") and convict no. 1, Manoj Kumar Jayaswal, for cheating the 24th Screening Committee, Ministry of Coal, Ministry of Steel and the State of Jharkhand while having knowledge that numerous forged documents were used on behalf of AIPL for the purpose of procuring the Brinda, Sisai Coal Blocks.