DIPAK RANJAN DEB Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THE instant application under Section 389 of the Code of Criminal Procedure (for short the 'Code') is filed by the petitioner Shri Dipak Ranjan Deb, a convict in Case No. Special 01 of 1996, for staying the execution of the order of sentence dated 30.1.2010 passed by the learned Special Judge, Tripura, Agartala in the aforesaid Special Case wherein upon conviction the petitioner was sentenced to suffer rigorous imprisonment for ten years and also to pay a fine of Rs.1,00,000/-, in default to suffer further rigorous imprisonment for one year for the offence committed under Section 409 of the Indian Penal Code (for short 'IPC').

(2.) HEARD Mr. M. Mukherjee, learned counsel along with Mr. B.N. Majumder and Mr. S. Lodh, learned counsel for the petitioner and Mr. A. Lodh, learned Asstt. S.G. appearing for the respondent CBI.

(3.) IN support of his aforesaid contention, Mr. Mukherjee relied upon a judgment of the Apex Court in the case of K. C. Sareen Vs. CBI, Chandigarh, reported in 2001 AIR SCW 3339 wherein the Apex Court while discussing about Section 389 (1) of the Code stated, inter alia: