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2021 DIGILAW 69 (SC)

SWETABH SUMAN v. CENTRAL BUREAU OF INVESTIGATION

2021-01-25

D.Y.CHANDRACHUD, INDIRA BANERJEE, SANJIV KHANNA

body2021
ORDER : 1. Leave granted. 2. A learned Single Judge of the High Court of Uttarakhand declined to grant suspension of sentence, by an order dated 9 December 2020. 3. By a judgment dated 13 February 2019, the appellant stands convicted by the Special Judge, CBI of an offence punishable under Section 13(2) read with Section 13(1)(e) and Section 11 of the Prevention of Corruption Act 1988. The appellant has been sentenced to suffer rigorous imprisonment of seven years with a fine of Rs 3.50 crores. The co-accused have been granted suspension of sentence pending the disposal of the appeal. 4. After filing the appeal before the High Court, the appellant moved an application for short-term bail on medical grounds. The High Court granted short-term bail, having been apprised of the fact that the appellant was required to undergo a knee surgery. While declining the application for suspension of sentence, the High Court took note of the fact that the surgery was not performed and the appellant did not surrender after the expiry of the period of bail. Besides this, the High Court has taken note of the fact that though the learned Single Judge had indicated that the appeal itself may be heard either in the physical mode at Nainital, or on the video-conferencing platform, the learned counsel appearing on behalf of the appellant had indicated his inability to do so. 5. While issuing notice, on 5 January 2021, this Court passed the following order: “1 We have heard Mr. Mukul Rohatgi and Mr Vikram Chaudhri, learned Senior Counsel appearing on behalf of the petitioner. It has been stated that the petitioner would be ready and willing to argue the criminal appeal against the order of conviction before the High Court, but on 3 July, 2020, it was not possible for the learned counsel to physically argue the appeal in Nainital as a result of the outbreak of Covid-19. It has been submitted that the petitioner would cooperate in the expeditious disposal of the appeal and since he has undergone approximately-fourteen months of actual custody and has surrendered in December 2020 pursuant to the order of this Court, he may be granted a suspension of sentence. 2 Issue notice, returnable on 19 January 2021. 3 Liberty to serve the Standing Counsel for the Central Bureau of Investigation, in addition. 4 Dasti, in addition, is permitted.” 6. 2 Issue notice, returnable on 19 January 2021. 3 Liberty to serve the Standing Counsel for the Central Bureau of Investigation, in addition. 4 Dasti, in addition, is permitted.” 6. Urging his submissions in support of the appeal, which arises from the order of the High Court declining to suspend the sentence, Mr Mukul Rohatgi, learned Senior Counsel, submits that: (i) The First Information Report was lodged in 2005 and the appellant was during the pendency of the appeal enlarged on bail; (ii) At the trial, 250 witnesses were examined and the judgment of the learned trial Judge extends to nearly 750 pages with a record of over 10,000 pages; (iii) It was in the above circumstances that the learned Senior Counsel who was briefed to appear on behalf of the appellant indicated that it would be difficult to conduct the appeal on the video conferencing platform and that in view of the outbreak of Covid-19, it was physically difficult for the counsel to proceed to Nainital to argue the appeal; (iv) The appellant has undergone approximately fourteen months of actual custody and, hence, it is appropriate and proper that a suspension of sentence is granted; (v) The appellant has multiple afflictions of health and particularly during the present period of the pandemic he may be granted a suspension of sentence; and (vi) The appellant undertakes to co-operate in the early disposal of the appeal. 7. These submissions have been opposed by Ms Aishwarya Bhati, learned Additional Solicitor General appearing on behalf of the respondent, submitting that: (i) The appellant has been found guilty of the offences with which he was charged following a comprehensive trial; and (ii) The appellant was a Commissioner of Income Tax and at the highest, this Court may direct that the appeal be expeditiously disposed of. 8. While it may be true that the appellant was enlarged on bail during the pendency of the trial, the Court cannot be unmindful of the fact that he has been convicted of offences under the Prevention of Corruption Act 1988. Considering the facts and circumstances of the case including the extent of imprisonment undergone, the condition of health of the appellant and the need for the early disposal of the appeal, an order which balances the liberty of the appellant and the interest of the administration of criminal justice, should be passed. Considering the facts and circumstances of the case including the extent of imprisonment undergone, the condition of health of the appellant and the need for the early disposal of the appeal, an order which balances the liberty of the appellant and the interest of the administration of criminal justice, should be passed. We accordingly order and direct that: (i) The appellant shall be released on bail for a period up to 31 July 2021, subject to such terms and conditions as may be imposed by the Special Judge, CBI in connection with CBI Case No 12 of 2010; (ii) The High Court of Uttarakhand is requested to dispose of Criminal Appeal No 164 of 2019 by 31 July 2021; (iii) In the event that it is not possible for the High Court to dispose of the criminal appeal by 31 July 2021 due to the exigencies of its work and for reasons unrelated to the co-operation of the appellant, it would be open to the appellant to apply to the High Court for an extension of the period of bail beyond the aforesaid period, upon which the High Court may take an appropriate view based on whether or not the appellant has cooperated with it in the expeditious disposal of the appeal; and (iv) The appellant has undertaken before this Court that he will cooperate in the early disposal of the appeal and adhere to the time lines which have been indicated in the present order. 9. The appeal is accordingly disposed of in the above terms. 10. Pending application, if any, stands disposed of.