PREM RAJ BHATNAGAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal appeal no.2129 of 2012 has been filed against the impugned judgment and order of conviction and sentence dated 9.5.2012 passed by Special Judge, Prevention of Corruption (C.B.I.), Ghaziabad in Special Case No.63 of 2005 (C.B.I. Vs. Prem Raj Bhatnagar), whereby the Special Judge convicted appellant for the offences under Sections 409, 467, 472 I.P.C. and Section 13(1)(c) read with Section 13(2) of Prevention of Corruption Act, 1988 and sentenced him with rigorous imprisonment for a period of 7 years and fine of Rs.50,000/- under Section 409 I.P.C., rigorous imprisonment for a period of 5 years and fine of Rs.10,000/- under Section 467 I.P.C., rigorous imprisonment for a period of 3 years and fine of Rs.5,000/- under Section 472 I.P.C., and rigorous imprisonment for a period of 5 years and fine of Rs.25,000/- under Section 13(1)(c) read with Section 13(2) of Prevention of Corruption Act, 1988 and in case of default in payment of aforesaid fine sentenced with imprisonment for additional period of six months, four months, three months and four months respectively.

(2.) Instant criminal appeal no.1088 of 2012 has been filed against the impugned judgment and order of conviction dated 25.1.2012 and sentence dated 27.1.2012 passed by Special Judge, Prevention of Corruption (C.B.I.), Ghaziabad in Special Case No.64 of 2005, (C.B.I. Vs. Prem Raj Bhatnagar), whereby the Special Judge convicted appellant for the offences under Sections 409, 467, 472 I.P.C. and Section 13(1)(c) read with Section 13(2) of Prevention of Corruption Act, 1988 and sentenced him with rigorous imprisonment for a period of 5 years and fine of Rs.5,000/- under Section 409 I.P.C., rigorous imprisonment for a period of 5 years and fine of Rs.5,000/- under Section 467 I.P.C., rigorous imprisonment for a period of 3 years and fine of Rs.2,000/- under Section 472 I.P.C. and rigorous imprisonment for a period of 4 years and fine of Rs.3,000/- under Section 13(1)(c) read with Section 13(2) of Prevention of Corruption Act, 1988 and in case of default in payment of aforesaid fine sentenced with imprisonment of additional period of four months, four months, two months and three months respectively.

(3.) Learned counter for C.B.I. produced copies of reports of Jail Superintendent, District Jail, Ghaziabad dated 4.9.2019 and Jail Superintendent, District Jail, Meerut dated 6.9.2019 which are taken on record.