[Coal Scam Case] Delhi High Court suspends 4-yr sentence of former MP Vijay Darda & others till pendency of appeals

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Synopsis

The case relates to allocation of coal blocks which were advertised in 2006. It was alleged that JLD Yavatmal Energy Pvt Ltd had concealed various facts in its application form in order to obtain wrongful gain in the allocation of the coal block

The Delhi High Court on Tuesday suspended the four-year sentence of former Rajya Sabha MP Vijay Darda, his son Devender Darda and businessman and Director of JLD Yavatmal Energy Pvt Ltd Manoj Kumar Jayaswal in a case related to irregularities in coal block allocation in Chhattisgarh.

The bench of Justice Swarana Kanta Sharma allowed the pleas and suspended the sentence till the pendency of their appeals challenging their conviction and jail term in the case.

The single-judge bench directed them not to leave the country without prior permission of the court concerned and not to directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.

“It is directed that the sentence imposed on the appellant shall remain suspended during the pendency of the present appeal, subject to his furnishing a personal bond in the sum of Rs. 1,00,000/- with two sureties of the like amount”, the court ordered.

Notably, the bench of Justice Dinesh Kumar Sharma on July 28, had granted interim bail to former Rajya Sabha MP Vijay Darda, his son Devendra Darda and Manoj Kumar Jayaswal, who were sentenced to four years in jail in the case related to irregularities in coal block allocation. Justice Sharma had granted interim bail to the three accused on furnishing a bail bond of Rs. 10 lakh each and two sureties of the same amount.

The judge had issued notice to the Central Bureau of Investigation(CBI) and sought its response on appeals filed by the three men challenging their conviction and sentence in the case within eight weeks. It had also asked the CBI to file its response to the convicts' pleas seeking suspension of their four-year jail term.

The father-son duo and Jayaswal were sentenced to four years of rigorous imprisonment by the trial court on July 26. The trial court had also sentenced Former Secretary of the Ministry of Coal, HC Gupta and bureaucrats KC Kropha and KC Samria to undergo three years of imprisonment in the same case.

It is to be noted that the trial court had held all the accused guilty of offences under Sections 120B (criminal conspiracy) read with Section 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code and Section 13(1)(d)(iii) of the Prevention of Corruption Act.

The court had also imposed a fine of Rs. 50 lakh on M/s JLD Yavatmal. It had also imposed a fine of Rs. 15 lakh each on the Dardas and Jayaswal. The other three convicts were directed to pay a fine of Rs. 20,000 each.

Case Title: Vijay Darda v. CBI; Manoj Kumar Jayaswal v. CBI and Devendra Darda v. CBI