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2018 DIGILAW 678 (JHR)

Sanjay Sinha v. State of Jharkhand through CBI

2018-03-23

APARESH KUMAR SINGH

body2018
ORDER : 1. Admit. 2. Call for the lower court records in connection with R.C. Case No.68(A)/1996 from the court of learned Additional Judicial Commissioner-VII cum Learned Special Judge, (A.H.D.) CBI-1, Ranchi. 3. Learned counsel for the appellant submits that the lower court records have already been received in connection with other appeals arising out of the same R.C. Case No.68(A)/1996. 4. Heard learned counsel for the appellant and learned A.S.G.I. representing CBI on the prayer for suspension of sentence made through I.A. No. 2036/2018. 5. The appellant stands convicted in connection with R.C.-68(A)/1996 vide impugned judgment dated 24th January 2018 passed by the learned court of Additional Judicial Commissioner-VII cum Special Judge (AHD), CBI-I, Ranchi for the offences under Section 120B/420 of the Indian Penal Code and sentenced to undergo five years rigorous imprisonment with a fine of Rs.25,000/-, in default whereof to undergo simple imprisonment for three months. He has also been convicted under Section 120B/467 I.P.C. and sentenced to undergo rigorous imprisonment for five years with a fine of Rs.25,000/-, in default whereof to undergo simple imprisonment for three months; further convicted for the offences under Section 120B/468 I.P.C. and sentenced to undergo rigorous imprisonment for five years with a fine of Rs. 25,000/-, in default whereof to undergo simple imprisonment for three months. The appellant also stands convicted for the offences under Section 120B/471 I.P.C. and sentenced to undergo rigorous imprisonment for five years with a fine of Rs.25,000/-, in default whereof to undergo simple imprisonment for three months. All the sentences shall run concurrently and the period undergone shall be set off. 6. Learned counsel for the appellant submits that the appellant was the proprietor of the supplier firm M/s Sanjay Sinha, Ranchi who is alleged to have made supplies to the Animal Husbandry Department at Chaibasa during the financial year 1992-93 to the tune of Rs.9.94 lacs and odd. Learned trial court has not rendered any specific findings so far as this appellant is concerned in the impugned judgment at paragraph-24 relating to the role of the suppliers. A general observation has been made that against an allotment of Rs.7.10 lacs for DAHO, Chaibasa during the said financial year, purchase from different suppliers were made to the tune of Rs.32.59 crores and odd. Apart from the above, appellant has remained in custody for more than half of the sentence awarded. A general observation has been made that against an allotment of Rs.7.10 lacs for DAHO, Chaibasa during the said financial year, purchase from different suppliers were made to the tune of Rs.32.59 crores and odd. Apart from the above, appellant has remained in custody for more than half of the sentence awarded. Documents being the certificates of the jail authorities at Beur contained at Annexure-A series dated 28th May 2007 that of 3rd June 2007 and of the information provided under Right to Information Act through letter no.393 dated 17th January, 2018 by the Public Information Officer cum Superintendent, Birsa Munda Central jail, Hotwar, Ranchi would support the statement made on behalf of the appellant. After his conviction on 24th January 2018 he has remained in custody for two months till date. As such the appellant has been in custody for 32 months by now. Therefore, he may be released on bail by granting the privilege of suspension of sentence. 7. Learned A.S.G.I. representing CBI has opposed the submissions on merits. However, he does not dispute the statements made on behalf of the appellant supported by the enclosed documents relating to the period of his custody. 8. Considered the submissions of learned counsel for the appellant and the CBI. 9. Upon consideration of the aforesaid facts and circumstances and that the appellant has undergone more than half of the sentence awarded in connection with the instant case, I am inclined to grant the privilege of suspension of sentence during pendency of the appeal. Accordingly, let the appellant-Sanjay Sinha be released on bail on furnishing bail bonds of Rs.25000/-(rupees twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned court of Additional Judicial Commissioner-VII cum Special Judge (AHD), CBI-I, Ranchi in connection with R.C.-68(A)/1996, subject to deposit of the fine amount in the court below awarded by the learned trial court. The appellant would not leave the country without permission of the learned trial court. He would also submit his passport, if any, before the learned trial court. I.A. No.2036 of 2018 stands disposed of accordingly. The other I.A. No.1093/2018 stands dismissed as not pressed. I.A. No.2036 of 2018 disposed of