SURENDRA KUMAR vs C.B.I.

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 19.05.2025 Judgment pronounced on:08.07.2025 + CRL.A. 869/2002 SURENDRA KUMAR .....Petitioner Through: Mr. Shri Singh, Ms. Sowjhanya Shankaran, Advs. versus C.B.I. .....Respondent Through: Mr. Atul Guleria, SPP with Mr. Aryan Rakesh, Mr. Prashant Upadhyay, Advs. CORAM: HON’BLE MR. JUSTICE JASMEET SINGH JUDGMENT : JASMEET SINGH, J 1. This is an appeal filed under section 374 of the Code of Criminal Procedure, 1973 (―the Act‖) read with section 27 of the Prevention of Corruption Act, 1947 (―PC Act‖), seeking to challenge the judgment of conviction dated 21.10.2002 passed in CC No. 66/1994 titled CBI v. Surendra Kumar, whereby the Appellant has been convicted for the commission of offences punishable under Section 5(l)(d) read with Section 5(2) of the PC Act, and Section 161 of the Indian Penal Code, 1860 (―IPC‖) and Order on Sentence dated 24.10.2002, whereby the appellant was sentenced for a period of 02 years (two) rigorous imprisonment (RI) for the offences committed under section 161 IPC along with a fine of Rs 7,500/-, in case of default, further RI Digitally Signed By:DEEPANSHU MALASI CRL.A. 869/2002 Page 1 of 14 Signing Date:09.07.2025 14:58:46 for 6 months and 03 (three) years RI for the offences committed under Section 5(l)(d) read with Section 5(2) of the PC Act, along with a fine of Rs. 7500/-, in case of default further RI for 6 months. All the sentences were directed to be run concurrently. FACTUAL BACKGROUND 2. The facts are as under: 2.1. The appellant was employed as the Chief Marketing Manager of the State Trading Corporation of India (STC). In 1983, STC issued an invitation for quotations from suppliers for the supply of 140 tonnes of dried fish to STC. In response, M/s Abdul Hamid and C