PRAMOD KUMAR GUPTA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THIS petition under Section 389 of Cr. P. C has been preferred by the appellant for suspension of sentence and grant of bail who was convicted by the trial court under Sections 420, 408, 471 and 120 B of IPC as well as under section 13 (2) read with Section 13 (1) (d) of Prevention of Corruption Act, 1988 (for short "the Act") and sentenced to undergo rigorous imprisonment for a term of three years with fine of Rs. 40,000/- under Section 120b IPC and, under section 468 IPC with a fine of Rs. 5000/-, under Section 471 IPC, three years RI with a fine of Rs. 5,000/-, five years RI under Section 13 (2) read with Section section 13 (1) (d) of the Act. All sentences to run concurrently.

(2.) BRIEF facts are that the appellant was working as UDC Cash (Housing)Section, DDA. The prosecution case was that in criminal conspiracy with co-accused Manohar Lal Arora , a property dealer, he took possession of SFS Flat no. 187-C, Sector-19, Rohini, Delhi allotted to Pankaj Kumar Jain by DDA by forging two bank challans amounting to Rs. 6,24,854/- and computer verification of remittance and sold the said flat for Rs. 9,00,000/- to Smt. Hardev Kaur. The prosecution led entire evidence in support of the allegations including the evidence of the fact that the appellant had opened a fake bank account in the name of P. K. Jain. The account was introduced by his co-accused. The appellant in his statement under Section 313 Cr. P. C admitted that he opened an account No. 1447 with M/s. Kangra Cooperative Bank Ltd. , C-3/7, Prashant Vihar, Sector-14, rohini, Delhi in the name of P. K. Jain who was introduced by his co-accused manohar Lal, having his account No. 457 in the bank. The appellant admitted the documents concerning opening of account and statement of account. He also admitted that the amount was transferred from account No. 1447 to account No. 457 through cheques. After considering the entire evidence adduced and the statement of appellant under Section 313 Cr. P. C, the learned trial court came to conclusion that the appellant committed offence of forgery, cheating, fraud etc and also indulged into corruption. He was an official of DDA in the account branch and taking advantage of his official position, he indulged into these offences of corruption, forgery and cheating. Considering the evidence and material on record and admission of the appellant in his statement under Section 313 Cr. P. C and also the fact that the appellant indulged into deliberate act of forgery and corruption, I consider that it is not a fit case for suspension of sentence and grant of bail to the appellant. This application is hereby rejected.

(3.) THE counsel for the appellant also prayed for suspension of sentence on the ground of ill-health of the appellant. A medical report was called from the jail Superintendent which shows that the plea of ill-health of the appellant was merely an excuse. Twice the appellant was to be taken to AIIMS for his check up, the appellant refused to go to AIIMS Hospital. He was to be taken to AIIMS hospital on 25. 5. 2007. He made an application that he was having motions and he did not want to go to AIIMS Hospital. Next time, the appellant was to be taken to AIIMS Hospital on 1. 6. 07. On that day, he made another application that he was perplexed and was having vomiting sensation so did not want visit the OPD. Report also shows that he was being given treatment by the OPD at DDU Hospital and he was kept under constant medical care.