Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : Co-accused Granted Bail-only Conviction For Conspiracy-appellant Granted Bail.
JUDGEMENT TITLE : Ashok Chaturvedi Vs. Central Bureau Of Investigation And Anr. On 12/13/2010 By Allahabad High Court
CORAM : Hon'ble Vinod Prasad,J.



Criminal Appeal No. 7826 Of 2010

Ashok Chaturvedi...................................Appellant
(In Jail)

State Through C.B.I.............................Respondent

Hon'ble Vinod Prasad, J.

Heard Sri G.S.Chaturvedi, Learned Senior Counsel Assisted By Sri Samit Gopal And Swetash Agrawal, Advocates On The Bail Prayer Of Appellant Ashok Chaturvedi U/S 389 Cr.P.C. And Sri N.I.Jafri, Counsel For C.B.I. Along With Sri Bharat Singh, Inspector/ I.O. C.B.I. In Opposition And Perused The Impugned Judgement Of Conviction And Sentence.
Appellant Ashok Chaturvedi, Chairman And Managing Director, Of M/S Flex India Ltd And M/S Flex Engineering Ltd, Has Been Convicted In Special Trial No. 21 Of 2002, C.B.I. Versus(1) Neera Yadav (2) Ashok Chaturvedi, By Special Judge, Anti Corruption, Ghaziabad, U/S 120 B, IPC Only, Relating To PS C.B.I / A.C.U ( Seven), New Delhi Concerning RC No. 3A/98, For Entering Into A Criminal Conspiracy With Another Appellant Smt. Neera Yadav, And Thereby Getting Two Residential Plots Being Plot Nos. U U2/ 11 ( Area 8000 Square Meters) And Plot No. 99/ 51 ( Area 20000 Square Meter) Allotted To His Aforesaid Two Industrial Units From New Okhala Industrial Development Authority, Commonly Known As NOIDA On A Reduced Price And By Ignoring And Forgoing The Procedure Meant For Such Allotments. For The Said Charge Of Conspiracy He Has Been Sentenced To Four Years RI With Fine Of Rs. 50000/=, The Default Sentence In Depositing The Fine Being Two Years Additional Imprisonment.
Today In Connected Appeal No. 7834 Of 2010, Smt. Neera Yadav Versus State Through C.B.I. Bail Has Been Allowed To Appellant Co Accused Smt. Neera Yadav, Who Was Convicted Alongwith The Appellant In The Same Trial Both For The Charge Of Conspiracy As Well As Under Prevention Of Corruption Act By Pointing Out Truncated Prosecution Evidences And Feeble Nature Of Testimonies Of Witnesses. Appellant Has Been Convicted Only For The Charge Of Criminal Conspiracy. For The Same Reasoning As Are Mentioned In The Bail Granting Order Of Co Accused Smt. Neera Yadav And Looking To The Role And Charge Leveled Against The Appellant And The Evidence Led In The Trial And Also For The Reason, Which Was Submitted, That He Is The Owner Of Two Industrial Units And Belongs To A Good Family And Has Got Roots In The Society And Hence Will Neither Abscond Nor Will Hamper Course Of Justice And That He Had Not Misused Liberty Of Bail Granted To Him Earlier During Trial And That His Appeal Is Not Likely To Be Heard In Near Future And Sentence Awarded To Him Is A Short Sentence And That Appellant Does Not Have Any Criminal History Or Background That I Consider It Appropriate To Release Him On Bail As Well.
Let Appellant Ashok Chaturvedi Be Released On Bail In Special Trial No. 21 Of 2002, C.B.I. Versus(1) Neera Yadav (2) Ashok Chaturvedi, Decided By Special Judge, Anti Corruption, Ghaziabad, U/S 120 B, IPC, PS C.B.I / A.C.U ( Seven), New Delhi On His Furnishing A Personal Bond Of Rs. 15 Lacs ( Rs. Fifteen Lacs) With Two Solvent Sureties Each In The Like Amount To The Satisfaction Of Trial Judge Concern On The Condition That He Will Surrender His Passport With The Trial Judge During Pendency Of His Appeal In This Court.
Appellant Is Allowed Two Weeks Time To Deposit Entire Amount Of Fine Implanted On Him.
Prayer Of Sri G.S. Chaturvedi, Learned Senior Counsel For Stay Of Conviction Of The Appellant Is Hereby Refused.
Prayer For Expediting The Hearing Of Appeal By Counsel For C.B.I. Is Disposed Off By Directing The Office To Get The Record Of The Trial Court Within A Month, Prepare The Paper Book And List Both The Connected Appeals For Final Hearing Before Appropriate Bench After Notifying Them.

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