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. BN Majumder and Mr. S.Lodh, learned counsel for the petitioner and Mr. A.Lodh, learned Asstt. SG appearing for the respondent CBI.

(3.) The petitioner/convict pleaded in his petition for suspending the order of sentence mainly on the ground, inter alia, that though he preferred appeal (Crl.Appeal No.09 of 2010) against the judgment passed by the learned Special Judge in the aforesaid special case but there is no possibility of hearing of the said appeal within a reasonable period. It is also urged therein that the whole conviction is based on inadmissible evidence and more so, the co-accused who were alleged to be directly involved with the alleged transaction were acquitted by the learned trial court whereas the present petitioner has been convicted relying on certain documents which are carbon copies which are not admissible in evidence and not only that the original of those carbon copies also were even not placed before the learned trial court. It is further pleaded that there is every possibility of acquittal of the present petitioner/convict from the charges leveled against him.