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2018 DIGILAW 783 (JHR)

Sushil Kumar @ Sushil Kumar Sinha v. State of Jharkhand through C. B. I.

2018-04-06

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 Additional Judicial Commissioner-VII-cum- Special Judge (AHD), C.B.I.-I, Ranchi. 3. Learned counsel for the appellant submits that lower court records have been received in other criminal appeals arising out of the same R.C. Case. 4. Heard learned counsel for the appellant and learned A.S.G.I representing C.B.I on the prayer for suspension of sentence made through I.A. No. 1271 of 2018. 5. Appellant stands convicted in connection with R.C. Case No. 68(A)/1996 vide impugned judgment dated 24th January, 2018 passed by learned Court of Additional Judicial Commissioner-VII-cum- Special Judge (AHD), C.B.I.-I, Ranchi for the offences under Sections 120-B/420, 467, 468 and 417 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 3 years each with fine of Rs. 50,000/- under Section 120B/420 of the Indian Penal Code, in default whereof, Simple Imprisonment for 6 months. He has been further awarded fine amount of Rs. 10,000/- under Sections 467, 468 and 471 of the Indian Penal Code and in default whereof to undergo Simple Imprisonment for 1 month each. All the sentences shall run concurrently and the period undergone shall be set off. 6. Learned counsel for the appellant submits that only discussion made by the trial court about the role of the appellant is at Para-22 of the impugned judgment where the defence of the suppliers including the appellant made through written statement have been taken note of. Appellant had also denied knowledge about the allotment and requirement of Animal Husbandry Department. They also contended that the material supplied were received by the competent authority against which payments were made. Supplies were genuine. Learned counsel for the appellant further submits that he had undergone custody for more than 36 months in this case as per statements made at para 19 of the I.A. Appellant may therefore be granted the privilege of suspension of sentence. 7. Learned A.S.G.I representing C.B.I has opposed the prayer for suspension of sentence. 8. Having considered the submission of learned counsel for the appellant and C.B.I and the fact that the appellant claims to have undergone custody for more than 36 months as against the sentence of 3 years awarded to him, I am inclined to grant the privilege of suspension of sentence to the appellant, during pendency of the appeal. 8. Having considered the submission of learned counsel for the appellant and C.B.I and the fact that the appellant claims to have undergone custody for more than 36 months as against the sentence of 3 years awarded to him, I am inclined to grant the privilege of suspension of sentence to the appellant, during pendency of the appeal. Accordingly, let the appellant, Sushil Kumar @ Sushil Kumar Sinha be released on bail on furnishing bail bonds of Rs. 25,000/-(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), C.B.I.-I, Ranchi in connection with R. C. Case No. 68(A)/1996, subject to deposit of fine amount awarded by 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. 1271 of 2018 stands disposed of accordingly. I.A. No. 1271 of 2018 disposed of.