Dr. Yashwant Sahay @ Dr. Jaswant ... vs Union Of India Through Cbi
2022 Latest Caselaw 1439 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Appeal (SJ) No. 177 of 2022
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Dr. Yashwant Sahay @ Dr. Jaswant Sahay --- --- 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. Apurv, Advocate For the Respondent: M/s. Prashant Pallav, ASGI, Navneet Sahay, Shivani Jaluka.

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03/08.04.2022 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. 2381/2022.

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 and 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 further sentenced to undergo R.I. for three years with a fine of Rs. 1 Lac 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 (A-119) was the Assistant Director of Poultry at Chaibasa during the subject period. The name of the appellant is at serial no.5 in paragraph- 110 of the impugned judgment where the role of the appellant along with other Doctors/Veterinary Officers of the Animal

Husbandry Department has been dealt with. It was alleged that the appellant was responsible in certifying fake vouchers against which fraudulent supplies have been obtained by the suppliers. Learned Trial Court, however, considering the lesser gravity of the offence has been pleased to award the maximum sentence of three years only under the relevant penal provisions and granted provisional bail to the appellant, which may be confirmed.

6. Learned counsel for the CBI has opposed the prayer. He submits that the case of the prosecution has been successfully established through oral and documentary evidence against the appellant.

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. 2381/2022 stands disposed of accordingly.

(Aparesh Kumar Singh, J) Shamim/