Dr. Ramashish Singh @ Ramashish ... vs Union Of India Through Cbi
2022 Latest Caselaw 1428 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Appeal (SJ) No. 226 of 2022
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Dr. Ramashish Singh @ Ramashish Singh --- --- Appellant Versus Union of India through CBI --- --- Respondent

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CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing

For the Appellant: Mr. Vishnu Kr. Sharma, Advocate For the Respondent: M/s. Prashant Pallav, ASGI, Navneet Sahay, Shivani Jaluka.

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02/ 08.04.2022 Admit.

2. Call for the lower court records in connection with R.C. Case No. 47(A)/1996-Pat from the court of learned Special Judge-V, C.B.I (A.H.D Scam Cases), Ranchi.

3. Learned counsel for the appellant has prayed for confirmation of provisional bail granted to the appellant for 60 days vide order dated 15.02.2022 through I.A. No. 2805/2022.

4. The sole Appellant stands convicted in connection with R.C. Case No. 47(A)/1996-Pat vide impugned judgment dated 15.02.2022 passed by the Learned Special Judge-V, C.B.I (A.H.D Scam Cases), Ranchi for the offences under sections 120-B read with sections 420, 409, 467, 468, 471 and 477A of the Indian Penal Code and Section 13 (2) read with Section 13(1) (d) of Prevention of Corruption Act and has been sentenced to undergo R.I. for three years with a fine of Rs. 50,000/- and default sentence under section 120-B of the Indian Penal Code; R.I for three years with a fine of Rs. 50,000/- and default sentence under sections 420, 409, 467, 468, 471 and 477A of the Indian Penal Code and R.I for three years with a fine of Rs. 1,00,000/- and default sentence under section 13(2) read with section 13(1)(d) of Prevention of Corruption Act, vide impugned order of sentence dated 15.02.2022. All the sentences have been ordered to run concurrently.

5. Learned counsel for the appellant submits that the appellant was the Block Animal Husbandry Officer posted at Gumla during the subject period in question. He is alleged to have given false certificate for supply of medicine amounting to Rs. 5.00 lakhs. Case of the appellant has been discussed at serial no. 20 in paragraph-110 of the impugned judgment. However, learned Trial Court upon considering the

less gravity of the charges has awarded maximum sentence of three years under the relevant provisions of Indian Penal Code and Prevention of Corruption Act and has been pleased to grant provisional bail to the appellant, which may be confirmed.

6. Learned counsel for the CBI has opposed the prayer. He submits that the prosecution has been able to successfully establish the charges against the appellant and other accused persons on the basis of oral and documentary evidence.

7. Having considered the submissions of learned counsel for the appellant and C.B.I and the facts and circumstances noted above, provisional bail granted to the appellant vide order dated 15.02.2022 by the Court of learned Special Judge-V, C.B.I. (AHD Scam Cases), Ranchi is confirmed, subject to deposit of 50% of fine amount imposed by the learned Trial Court and if not wanted in connection with any other case. 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 and the appellant and his bailors shall not change their address or mobile nos. without permission of the learned Trial Court.

8. I.A. No. 2805/2022 stands disposed of accordingly.

(Aparesh Kumar Singh, J) Shamim/