Excelsior Correspondent
JAMMU, Dec 18: High Court of Jammu & Kashmir and Ladakh has suspended the sentence imposed on Bharat Bhushan Mittal by the Special Judge, Anti-Corruption (CBI cases) and directed for release of appellant from the confinement of District Jail Ambphala.
Bharat Bhushan Mittal was convicted by Special Judge, Anti-Corruption (CBI cases) Jammu vide judgment dated December 12, 2023 holding him guilty of commission of offences under Section 161 RPC read with Section 5(1)(d) and 5(2) of the J&K Prevention of Corruption Act. He was awarded three years rigorous imprisonment.
However, Bharat Bhushan Mittal challenged the sentence by filing criminal conviction appeal through Advocate Meenakshi Slathia Kour. In this appeal, Justice Rahul Bharti issued notice to the respondent, which was accepted by Senior AAG Monika Kohli.
In the application seeking suspension of sentence pending hearing of the appeal, Advocate Meenakshi Slathia Kour submitted that during the entire course of trial, the appellant conducted himself in accordance with the terms and conditions of the bail bond and never ever jumped the bail or absented himself from the proceedings to protract the trial and the term for which appellant has come to be sentenced doesn’t fall within the scope of proviso to Section 372 of the Code of Criminal Procedure, 1973 and therefore the suspension of sentence was warranted as the conviction of the appellant was erroneous on facts and law.
After hearing both the sides, Justice Rahul Bharti observed, “the mandate of Section 372 in terms of inviting objections from the Public Prosecutor with respect to plea for suspension of sentence is not applicable in the present case giving the fact that the appellant has been convicted to suffer imprisonment for a period of five years and three years, both sentence period to run concurrently.”
Accordingly, High Court suspended the sentence imposed upon the appellant with the direction that he shall be released from the confinement of District Jail Ambphala upon furnishing of bail bond as well as surety bond of an amount of Rs 5,00000 each to the satisfaction of the Superintendent, District Jail.
“The appellant to appear in person on each and every date of hearing in the present appeal and any default without any cause in this regard shall entail recall of the interim direction for suspension of sentence”, High Court said.
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