BRAJA KANTA KALITA Vs. CBI

JUDGEMENT

(1.) Heard Mr. D. Talukdar, learned counsel for the applicant-appellant and Ms. P. Das, learned counsel appearing for the respondent, CBI.

(2.) The connected criminal appeal, Criminal Appeal no. 226/2012 has been preferred against the judgment and order dated 29.08.2012 passed by the learned Special Judge, CBI, Assam, Guwahati in Special Case no. 36/2004. By the said judgment and order dated 29.08.2012, the learned Special Judge has convicted the applicant-appellant for the offences punishable under Sections 120B/420/468/471 read with Section 465, Indian Penal Code (IPC). The applicant-appellant for the offence punishable under Sections 120B/420, IPC, has been sentenced to undergo rigorous imprisonment for 3 (three) years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 1 (one) month. For the offence punishable under Sections 120B/468, IPC, the applicant-appellant has been sentenced to undergo rigorous imprisonment for 3 (three) years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 1 (one) month. The applicant-appellant has also been sentenced to undergo rigorous imprisonment for 1 (one) year for the offences punishable under Sections 120B/471 read with Section 465, IPC. It has been ordered that the sentences are to run concurrently.

(3.) By this application under Section 389(2), Code of Criminal Procedure, 1973 (CrPC), the applicant-appellant has prayed for suspension of sentence passed against him and his release on bail.