Jharkhand High Court
Dr. Shashi Bhushan Verma @ Dr. ... vs Union Of India Through C.B.I on 25 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 159 of 2022
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Dr. Shashi Bhushan Verma @ Dr. Shashi Bushan Verma .............. Appellant
Versus
Union of India through C.B.I ............... Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
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Through: Video Conferencing
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For the Appellant : Ms. Moushmi Chatterjee, Advocate,
For the Resp.-CBI : Ms. Shivani Jhaluka, A.C to A.S.G.I
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02/25.03.2022 Admit.
Issue notice.
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.
Learned counsel for the appellant has prayed for confirmation of
provisional bail granted to the appellant vide order dated 15 th February 2022 by
learned CBI Court, for which I.A. No. 2223 of 2022 has been preferred.
Sole appellant stands convicted in connection with R.C.Case No.
47(A)/1996-Pat vide impugned judgment of conviction dated 15.02.2022 and
order of sentence dated 21.02.2022 passed by the learned court of Special
Judge-V, CBI, (A.H.D. Scam Cases), Ranchi for the offences under Section
120B read with Section 420, 409, 467, 468, 471 and 477A of the Indian Penal
Code along with Section 13(2) read with Section 13(1)(d) of the Prevention of
Corruption Act and was sentenced to undergo rigorous imprisonment for 3
years (three years) with a fine of Rs.50,000/- (fifty thousand) and a default
sentence under Section 120B of the I.P.C.; a common sentence for all other
IPC offence rigorous imprisonment for 3 years (three years) with a fine of
Rs.50,000/- (thirty thousand) and a default sentence and further rigorous
imprisonment for 3 years (three years) with a fine of Rs.1,00,000/- (One Lac)
and a default sentence under Section 13(2) read with 13(1) and (d) of the
Prevention of Corruption Act. All the sentences were directed to run
concurrently.
Learned counsel for the appellant submits that appellant was
former T.V.O.M, Lohardaga at the relevant point of time during the subject
period of instant Fodder Scam Case between 1991 and 1994-95. Learned trial
court has rendered a common finding against the doctors of Animal Husbandry
Department at Para-110 and subsequent paragraphs of impugned judgment by
holding that the A.H.D officials in collusion with each other and with the
accused suppliers created papers to show that either the excess feed/fodder has
been distributed free of cost to the villagers under imaginary schemes of the
Government or transported it to the other districts. It is submitted that
considering the nature and gravity of the offence the sentence of 3 years has
only been awarded under the different provisions of I.P.C and P.C. Act with
fine.
Considering the aforesaid circumstances, learned trial court has
been pleased to grant provisional bail to the appellant which may be confirmed.
Learned counsel for the CBI submits that the prosecution evidence
has successfully established the involvement of AHD officials, like the present
appellant, who in conspiracy with the accused suppliers and others had caused
fraudulent withdrawal from Animal Husbandry Department much beyond the
allotment. Learned counsel for the CBI however does not dispute that the
appellant has been awarded maximum sentence of three years for the offences
for which he has been convicted.
Having considered the submissions of learned counsel for the
appellant and the C.B.I. and the facts and circumstances noted above,
provisional bail granted to the appellant vide order dated 15 th February 2022 by
the court of learned Special Judge-V, C.B.I. (AHD Scam Cases), Ranchi in R.C
Case No. 47(A)/1996-Pat, is confirmed, subject to deposit of 50% of the fine
amount in the court below 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 her passport, if any, before the learned trial
court and the appellant and his bailors shall not change their addresses or
mobile nos. without permission of the learned Trial Court.
I.A. No. 2223/2022 stands disposed of accordingly.
(Aparesh Kumar Singh, J)
Jk/
