Ram Swaroop Singh vs.the State (Nct of Delhi) - Court Judgment

SooperKanoon Citationsooperkanoon.com/1223047
CourtDelhi High Court
Decided OnMay-03-2019
AppellantRam Swaroop Singh
RespondentThe State (Nct of Delhi)
Excerpt:
$~43 to 45 * + + + in the high court of delhi at new delhi crl.a. 11/2019 & crl.m.(b) 18/2019 crl.a. 126/2019 & crl.m.(b) 224/2019, crl.m.a. 2633/2019 crl.a. 163/2019 & crl.m.(b) 287/2019 surender kumar gupta ram kishan ram swaroop singh through: .....appellants mr. ramesh gupta, senior advocate with mr. hrishikesh baruah & mr. siddhant kaushik, advocates in crl.a. 11/2019. mr. amit khanna, ms. preeti singh & mr. pushkar katyal, advocates in crl.a. 126/2019. mr. prashant mendiratta, advocate in crl.a. 163/2019. the state (nct of delhi) versus ..... respondent through: ms. neelam sharma, additional public prosecutor for respondent- state coram: hon'ble mr. justice sunil gaur order % 03.05.2019 crl.m.(b) 18/2019 crl.m.(b) 224/2019 crl.m.(b) 287/2019 the applications for suspension of sentence of appellants-surinder kumar gupta, ram kishan & ram swaroop narang have been heard. crl.a.11/2019 & connected matters page 1 appellant-surinder kumar gupta has been sentenced to rigorous imprisonment for seven years with fine of ₹5,00,000/- for the offence under section 120b of ipc read with section 409 of ipc and for the allied offences, he has been sentenced to lesser period. appellants-ram swaroop narang & ram kishan have been sentenced to rigorous imprisonment for ten years each with fine of ₹10,00,000/- each with default clause and for the allied offences, they have been awarded lesser sentence. learned senior counsel for appellants submit that as per the prosecution case, the amount of ₹5,49,51,000/- was embezzled by main accused-mahender kumar gupta, who has expired but before he had expired, amount of ₹6,01,62,000/- approximately was deposited by him in the account of mcd. it is submitted that appellants-surender kumar gupta, ram kishan & ram swaroop narang have been on bail during the trial and they have a good case of merits. so, it is submitted that the substantive sentence awarded to appellants deserves to be suspended. on the contrary, learned additional public prosecutor for respondent-state supports the impugned order and submits that no case for suspension of sentence is made out as the appellants had conspired to commit the offence in question. upon considering the merits of this case and the forgery angle involved, i do not find it to be a fit case to suspend the substantive sentence awarded to appellants by trial court. accordingly, the applications seeking suspension of sentence are hereby dismissed at this stage. crl.a.11/2019 & connected matters page 2 crl.a. 11/2019 crl.a. 126/2019 crl.a. 163/2019 list in the category of ‘regulars’ in the week commencing on 14th october, 2019. may03 2019 p’ma/v (sunil gaur) judge crl.a.11/2019 & connected matters page 3
Judgment:

$~43 to 45 * + + + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 11/2019 & Crl.M.(B) 18/2019 CRL.A. 126/2019 & Crl.M.(B) 224/2019, Crl.M.A. 2633/2019 CRL.A. 163/2019 & Crl.M.(B) 287/2019 SURENDER KUMAR GUPTA RAM KISHAN RAM SWAROOP SINGH Through: .....Appellants Mr. Ramesh Gupta, Senior Advocate with Mr. Hrishikesh Baruah & Mr. Siddhant Kaushik, Advocates in Crl.A. 11/2019. Mr. Amit Khanna, Ms. Preeti Singh & Mr. Pushkar Katyal, Advocates in Crl.A. 126/2019. Mr. Prashant Mendiratta, Advocate in Crl.A. 163/2019. THE STATE (NCT OF DELHI) Versus ..... Respondent Through: Ms. Neelam Sharma, Additional Public Prosecutor for respondent- State CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER

% 03.05.2019 Crl.M.(B) 18/2019 Crl.M.(B) 224/2019 Crl.M.(B) 287/2019 The applications for suspension of sentence of appellants-Surinder Kumar Gupta, Ram Kishan & Ram Swaroop Narang have been heard. CRL.A.11/2019 & connected matters Page 1 Appellant-Surinder Kumar Gupta has been sentenced to rigorous imprisonment for seven years with fine of ₹5,00,000/- for the offence under Section 120B of IPC read with Section 409 of IPC and for the allied offences, he has been sentenced to lesser period. Appellants-Ram Swaroop Narang & Ram Kishan have been sentenced to rigorous imprisonment for ten years each with fine of ₹10,00,000/- each with default clause and for the allied offences, they have been awarded lesser sentence. Learned senior counsel for appellants submit that as per the prosecution case, the amount of ₹5,49,51,000/- was embezzled by main accused-Mahender Kumar Gupta, who has expired but before he had expired, amount of ₹6,01,62,000/- approximately was deposited by him in the account of MCD. It is submitted that appellants-Surender Kumar Gupta, Ram Kishan & Ram Swaroop Narang have been on bail during the trial and they have a good case of merits. So, it is submitted that the substantive sentence awarded to appellants deserves to be suspended. On the contrary, learned Additional Public Prosecutor for respondent-State supports the impugned order and submits that no case for suspension of sentence is made out as the appellants had conspired to commit the offence in question. Upon considering the merits of this case and the forgery angle involved, I do not find it to be a fit case to suspend the substantive sentence awarded to appellants by trial court. Accordingly, the applications seeking suspension of sentence are hereby dismissed at this stage. CRL.A.11/2019 & connected matters Page 2 CRL.A. 11/2019 CRL.A. 126/2019 CRL.A. 163/2019 List in the category of ‘Regulars’ in the week commencing on 14th October, 2019. MAY03 2019 p’ma/v (SUNIL GAUR) JUDGE CRL.A.11/2019 & connected matters Page 3