Jharkhand High Court
Ashok Kumar vs The State Of Jharkhand on 5 December, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 411 of 2022
With
I.A. No. 4824 of 2022
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Ashok Kumar ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : Mr. Arvind Kr. Choudhary, Advocate
For the State : Mrs. Priya Shrestha, Spl.P.P.
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Order No. 03: Dated: 05th December, 2022
Learned counsels for both the parties are present.
Heard the parties.
This appeal is directed against the judgment of conviction and
order of sentence dated 31.05.2022 pronounced by the learned Spl.
Judge (Anti-Corruption Bureau) Palamau at Daltonganj in Vigilance
Case No. 25 of 2017/CNR No.-JHPL01-002303-2017 whereby and
where under the appellant has been held guilty for the offence
punishable u/s 7 & 13 (2) read with section 13(1) (d) of the Prevention
of Corruption Act, 1988 and thereby sentenced to undergo R.I. for 3
years and fine of Rs. 20,000/- and in default in payment of fine he shall
have to undergo SI for further three months, for committing the
offence punishable u/s 7 of the Prevention of Corruption Act, 1988,
further sentenced to undergo R.I. for 4 years and fine of Rs. 30,000/- in
default of payment of fine, he shall have to undergo S.I. for further six
months for committing the offence punishable u/s 13 (2) read with
section 13(1)(d) of the Prevention of Corruption Act, 1988 and all the
sentences shall run concurrently.
I.A. No. 4824 of 2022
An interlocutory application has been filed for suspension of
sentence and releases the appellant on bail.
It has been submitted on behalf of the appellant that the learned
trial court has committed gross error in appreciation of the evidence
adduced on behalf of the appellant during trial. It has been pointed out
that the charge against the appellant was that he was caught red
handed for accepting the bribe of Rs. 30,000/- from the
complainant/informant for payment of pension, post retrial benefits
and other benefits including A.C.P. and the compassionate
appointment after the death of the father of the informant who was
working as night guard at Silk Tassar Department, Nagar Untari,
Garhwa and he died on 23.02.2015 in harness.
It is submitted on behalf of the appellant that the learned trial
court did not appreciate the evidences adduced on behalf of the
appellant. Apart from oral evidence, the defence has adduced some
documentary evidence, which are as under:
Ext. A to A/2, true copy of computer generated description of
the issuing payment for different financial year of the D.D.O. of Agro
Pariyojna Kendra, Nagar Untari, Garhwa, Ext. B to B/2 attested copy
of three letters dt. 26.08.2015, 16.02.2016 and 15.07.2017 for verification
of ACP and MACP, Ext. C, true copy of authorization letter of the
office of the provident fund, in the name of Sarojini Devi, Ext. D, true
copy of order issuing Group Insurance of the office of Agro Pariyojna
Kendra vide its Memo No. 52, dated 12.05.2017, Ext. E, true copy of the
report to the 'Jan Shikayat no. 2018-32938 of 'Makhyamantri
Jansanwad', Ext. F, true copy of Memo no. 63, dated 04.06.2018, Ext. G,
true copy of documents regarding his appointment on the basis of
compassionate ground with objection, Ext. H, true copy of letter no.
131, dt. 30.10.2018 of Agro Pariyojna Officer, Ext. I, true copy of letter
no. 140 dt. 29.11.2018 of Agro Pariyojna Officer and Ext. J, true copy of
application of the informant with objection, by which it appears that
the entire process of payment of pension dues, retiral benefits and
compassionate appointment was initiated and there was no occasion of
accepting bribe of Rs. 30,000/- as alleged by the informant.
Further it has been contended on behalf of the appellant that the
appellant was seized with the brain hemorrhage in the year December,
2021 and the appellant has been suffering from post-hemorrhage
complication for which he was treated at Palamau Medical College,
Daltonganj in December, 2021 and thereafter at Patna Medical College
Hospital, Patna. Further he remained in jail custody since more than 10
months including during the course of trial and post-conviction.
Learned Spl.P.P. opposed the contentions raised on behalf of the
appellant.
Having taken into consideration the persuasive submissions
advanced on behalf of the appellant under the facts and circumstances
of this case, it is found fair and just to grant the privilege of bail to the
appellant and accordingly the appellant- Ashok Kumar is directed to
be enlarged on bail, during the pendency of this appeal, on furnishing
bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with
two sureties of the like amount each, to the satisfaction of learned Spl.
Judge (Anti-Corruption Bureau) Palamau at Daltonganj in Vigilance
Case No. 25 of 2017 (CNR No. JHPL01-002303-2017) in connection
with A.C.B. P.S. Case No. 22 of 2017 subject to the condition that he
will deposit the total amount of fine Rs. 50,000/- (Rupees Fifty
Thousand) as imposed under both the sections and deposit the receipt
before this Court positively.
Accordingly, I.A. No. 4824 of 2022 stands allowed.
Cr. Appeal (SJ) No. 411 of 2022
Office is directed to call for the original lower court record in this
appeal from the concerned court and let this case be listed after receipt
of the same for hearing the case on merit.
(Navneet Kumar, J.)
MM
