2014 INSC 0976
IBS Uppal Vs.	 CBI	 	
Crl.A. No. 2532 of 2014 (Arising out of SLP(Crl.) No. 7975 of 2014)	 	
    	Decided On, 05 December 2014	 	
    	Supreme Court of India	 	
    	By, THE HONOURABLE MR. JUSTICE SUDHANSU JYOTI MU	KHOPADHAYA & THE 	
HONOURABLE MR. JUSTICE N.V. RAMANA	 	
 
1. Leave grante	d 	
 
2. This appeal has been preferred by the appellant against the order dated 28th August, 2014 
passed by the High Court of Delhi in Criminal M.B. No.1065 of 2014 in Criminal Appeal 
No.1563/2013. By the impugned order, the High Court refused to suspend the se	ntence and enlarge 	
the appellant on bail	. 	
 
3. The learned counsel appearing on behalf of the appellant submits that the appellant has been 
convicted for the offence under Section 120	-B read with 420 IPC, sections 13(2) r/w 13(1)(d) of 	
Prevention of Corrupt	ion Act, 1988 (hereinafter referred to as the `P.C. Act'), substantive offence 	
punishable under section 420 IPC (on two counts) as well as for offence punishable under section 
420/511 of IPC	. 	
 
4. He has been sentenced for four years for the offence under S	ections 120	-B IPC r/w 420 IPC and 	
Section 13(2) r/w Section 13(1) (d) of P.C. Act, four years also for both the charges under section 
420 IPC and one year for the offence punishable under section 420/511 IPC. The Trial Court 
directed the sentences to run c	oncurrently	. 	
 
5. Learned counsel for the appellant submitted that out of four years the appellant is already in 
custody about one year and seven months. There is no likelihood of hearing of the appeal in near 
future	. 	
 
6. The learned counsel appearing on be	half of respondent	-CBI opposed the prayer on the ground 	
that appellant operated as a fictitious person Anil Kumar Rane who allegedly raised bogus bills and 
received payments. It is further alleged that appellant had submitted 20 forged bills against supply	 of 	
material (which was not actually supplied) to Ministry of Defence. Against these 20 forged bills, 19 
cheques amounting to L 7,74,90,465/	- were issued by the CDA (Headquarter) in the name of 3 firms, 	
namely, Shri Krishna Enterprises, Rishi Enterprises a	nd Venkateswara Enterprises. The 20th 	
cheque of L 32,04,985/	- could not be issued due to some discrepancies noticed by the department. 	
The said amount was credited in the bank accounts of three firms which were opened by the 
appellant in the name of Anil R	ane	. 	
 
7. W e have heard the learned counsel for the parties and perused the record. Taking into 
consideration the facts of the case, we direct that during the pendency of the appeal before the High 
Court sentence passed in Corruption Case No.21/01 (RC No.1(	A)/98/CBI/ACUI/ND) shall remain

suspended insofar as it relates t	o appellant IBS Uppal and he is enlarged on bail subject to 	
furnishing bail bonds for the sum of Rs. 50000 (Rupees fifty thousand only) with two solvent sureties 
for the like amount to the s	atisfaction of the trial court...	 	
 
8 The appeal satands disposed of ..