Jharkhand High Court
Shailendra Kumar Sinha @ Dr. ... vs The Union Of India Through S.P on 25 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 132 of 2022
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Shailendra Kumar Sinha @ Dr. Shailendra Kr. Sinha --- Appellant
Versus
The Union of India through S.P, CBI (AHD Scam), Ranchi --- Respondent
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CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh
Through: Video Conferencing
For the Appellant: Mr. Saurabh Shekhar, Advocate
For the Respondent: Ms. Shivani Jhaluka, A.C to ASGI
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03/ 25.03.2022 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 vide order dated 15.02.2022 through
I.A. No. 1879/2022.
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. 1,00,000/- 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 21.02.2022. All the
sentences have been ordered to run concurrently.
5. Learned counsel for the appellant submits that appellant was the
Travelling Veterinary Officer at Chaibasa and Manager, RPF, Hotwar, Ranchi
during the subject period 1991 and 1994-95. It is submitted that the learned CBI
Court has rendered a common finding against the doctors of the Animal
Husbandry Department including the appellant that they in collusion with each
other and other accused suppliers created papers to show that either excess feed
/ fodder had been distributed free of cost to the villagers under imaginary
schemes of the Government or transported it to other districts. The appellant has
also been accused of issuing false certificate. However, it is submitted that the
learned Trial Court upon considering the evidence on record and the nature of
the offence committed, imposed maximum sentence of three years each under
the relevant provisions of Indian Penal Code and Prevention of Corruption Act
with a fine of Rs. 50,000/- and Rs. 1,00,000/-. It is submitted that appellant has
been granted provisional bail by the learned Trial Court on such consideration
vide order dated 15.02.2022, for confirmation of which, I.A. No. 1879/2022 has
been filed.
6. Learned counsel for the CBI Ms. Shivani Jhaluka, A.C to learned A.S.G.I
submits that the prosecution evidence has successfully established the role of
the appellant and other doctors of the Animal Husbandry Department in
fraudulent withdrawal in criminal conspiracy with the other suppliers, the
appellant being the Travelling Veterinary officer at Chaibasa at the relevant
point of time. However, learned counsel for the CBI does not dispute that the
appellant has been imposed with a maximum sentence of three years with fine
against the conviction under the offences of Indian Penal Code and Prevention
of Corruption Act.
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. 1879/2022 stands disposed of accordingly.
(Aparesh Kumar Singh, J)
Ranjeet/
