MANOJ KUMAR MISHRA Vs. CBI

JUDGEMENT

(1.) Crl. M.A. No. 19235/2016 Exemption allowed, subject to all just exceptions. The application stands disposed of. CRL.A. 1177/2016 Admit. The TCR be requisitioned before the next date. List the appeal for hearing on 15.03.2017. Crl. M.B. No. 2179/2016 Issue notice. Mr. Mann accepts notice. I have heard learned counsel for the appellant as well as counsel for the respondent/CBI and proceed to dispose of this application.

(2.) The appellant has preferred this application to seek the suspension of sentence and grant of bail. The appellant stands convicted u/s 419 Penal Code and u/s 13(2) read with section 13(1)(d) of the Prevention of Corruption Act (PC Act) by the impugned judgment dated 05.11.2016 passed in CC No. 1572/105 by Sh. M.K. Nagpal, the learned Special Judge (P.C. Act), CBI-08, Central District, Tis Hazari Courts, Delhi. The appellant has been awarded the sentence of three years RI for the offence punishable u/s 13(2) read with section 13(1)(d) of the PC Act, and to further undergo RI for a period of one year for the offence punishable u/s 419 IPC. In addition to the above, he has also been subjected to fine of Rs.50,000.00 and Rs.25,000.00 respectively for the above said offences, and in case of non payment of fine, it is directed that he shall undergo further RI for six months and three months respectively. The appellant has been given the benefit of section 482 Cr.P.C.

(3.) The appellant submits that the sentence has been suspended by the trial court u/s 389(3) to enable the filing of the present appeal and to seek continuation of suspension of the sentence during pendency of the appeal. The submission of counsel for the appellant is that though the appellant was charged u/s 7 of the PC Act, he has not been convicted thereunder. Moreover, the sanction u/s 19 in the present case was completely irregular, and the only reason given by the trial court for discarding the submission of the appellant on the aspect of sanction is that no finding, sentence or order passed by a special judge can be reversed or altered by a court in appeal, confirmation or revision on the ground of the absence of, or any error, omission or irregularity in, the sanction required u/s 19(1), unless in the opinion of the court a failure of justice has in fact been occasioned thereby (see section 19(3) of the PC Act). The trial court has held that the irregularity in sanction has not resulted in failure of justice.