Ram Nandan Singh vs Union Of India C.B.I
2022 Latest Caselaw 1189 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    Cr. Appeal (SJ) No. 131 of 2022
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             Ram Nandan Singh                         ---         ---  Appellant
                                               Versus
             Union of India C.B.I                     ---         ---  Respondent
                                        ---
             CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
                             Through: Video Conferencing
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             For the Appellant:         Mr. Shekhar Sinha, Advocate
             For the Respondent:        Ms. Shivani Jhaluka, A.C to ASGI
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03/ 25.03.2022      Surviving defects have been removed.
             2.    Admit.
             3.    Issue notice.

4. 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.

5. 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, 420, 409, 467, 468, 471 and 477A of the Indian Penal Code and Section 13 (2) read with Section 13(1) (c) & (d) of the 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. 1,00,000/- and default sentence under sections 420, 409, 467, 468, 471 and 477A of the Indian Penal Code. However, no separate sentences have been awarded under the offences of Prevention of Corruption Act, vide impugned order of sentence dated 21.02.2022. All the sentences have been ordered to run concurrently.

6. Learned Counsel for the appellant submits that the learned Special Judge, C.B.I has discussed the role of this appellant (A-96) at page 437 to 439 of the impugned judgment. As per the case of the CBI, material worth Rs. 1,25,125/- were only found to be fraudulent because the registration number of three trucks purportedly used for transporting the materials were non- commercial vehicles. The appellant who is the proprietor of the Firm M/s Agrovet Sales and Services, had supplied fish meal and groundnut cake worth Rs. 10,99,719/- and received such payment through three contingent bills. Such certificates have been given by the six doctors and all of them except Dr. A.K. Singh are accused in this case. Learned Special Court has therefore arrived on

an erroneous finding that this appellant was involved in criminal conspiracy of creating fake and forged suppliers bills for receiving payments from the Government Exchequer without actually supplying the materials. However, learned Trial Court, considering the amount of fraudulent withdrawal involved in the range of Rs. 1.25 lakhs and odd, imposed maximum sentence of three years only under the relevant provisions of Indian Penal Code with a fine of Rs. 50,000/- and Rs. 1,00,000/- respectively. Learned Trial Court has granted provisional bail for 60 days vide order dated 15.02.2022. As such, 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. 1946/2022.

7. Learned counsel for the CBI Ms. Shivani Jhaluka, A.C to learned A.S.G.I submits that the impugned findings are based on the prosecution evidence adduced by the CBI where role of this appellant as proprietor of a supplier firm in obtaining fraudulent payment from the Animal Husbandry Department, Ranchi has been established. 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.

8. 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.

9. I.A. No. 1946/2022 stands disposed of accordingly.

(Aparesh Kumar Singh, J) Ranjeet/