LAWS(DLH)-2016-11-3

MAHENDER YADAV Vs. CENTRAL BUREAU OF INVESTIGATION

Decided On November 04, 2016
MAHENDER YADAV Appellant
V/S
CENTRAL BUREAU OF INVESTIGATION Respondents

JUDGEMENT

(1.) By the following judgment we propose to decide applications filed under Section 482 of the CrPC, one by Sajjan Kumar being Crl.M.A. 15236/2016 in Crl.A. 1099/2013 seeking recusal by one of us (P.S. Teji J.) from hearing the appeal and applications filed by Krishan Khokhar and Mahender Yadav being Crl.M.A. 15233/2016 in Crl.A. 753/2013 and Crl.M.A. 15239/2016 in Crl.A. 715/2013 respectively seeking transfer of the matters to another bench of which one of us (P.S. Teji J.) is a member.

(2.) Six persons had been sent up for trial in the trial case bearing SC No.26/10 arising out of RC 24/2005-SIU-1/SIC-1/CBI/N.D., namely, Sajjan Kumar, Balwan Khokhar, Mahender Yadav, Capt. Bhagmal, Girdhari Lal and Krishan Khokar.

(3.) In the same trial, by a common judgment dated 30th April, 2013, the trial court has convicted them for separate offences and they have been differentially sentenced by the order dated 9 th of May 2013. For expediency, we extract hereunder the undisputed tabulation as handed over by Mr. R.S. Cheema, learned Senior Counsel for the CBI setting out the convictions and sentences :