Shyam Nandan Singh vs Union Of India Through Cbi
2022 Latest Caselaw 1739 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Appeal (SJ) No. 253 of 2022
                                         ---

            Shyam Nandan Singh                          --- --- Appellant
                                        Versus
           Union of India through CBI                   --- --- Respondent
                                         ---

CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh

For the Appellant: Mr. Anil Kr. Sinha, Advocate For the Respondent: Mr. Prashant Pallav, ASGI Ms. Shivani Jaluka, AC to ASGI

---

03/02.05.2022 Prayer for confirmation of provisional bail granted to this appellant vide order dated 15.02.2022 and extended vide order dated 13.04.2022 has been made through I.A. No. 3049/2022.

2. 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)(c)(d) of Prevention of Corruption Act and has been sentenced to undergo R.I. for three years with a fine of Rs. 25,000/- and default sentence under section 120-B of the Indian Penal Code; 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 vide impugned order of sentence dated 15.02.2022. All the sentences have been ordered to run concurrently.

3. Learned counsel for the appellant submits that the role of the appellant (A-48), proprietor of M/s Shyam Industries, Ranchi has been discussed by the learned Trial Court at paragraphs-207 and 208 of the impugned judgment. It is submitted that the appellant was accused of having fraudulently availed payment of Rs.2,23,947/- only as against the total supply of GNC worth Rs.22,99,738/- during the financial years 1990-91 and 1991-92. Learned counsel for the appellant submits that considering the lesser gravity of the charges, learned CBI Court has been pleased to award maximum sentence of three years under the impugned conviction and also granted provisional bail to the appellant vide order dated 15th February 2022 and further extended vide order dated 13.04.2022, which may be confirmed.

4. Learned counsel for the CBI has opposed the prayer. He submits that the prosecution has been able to successfully establish the charges against the appellant and other accused persons on the basis of oral and documentary evidence.

5. 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 fine amount of Rs.25,000/- 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.

6. I.A. No. 3049/2022 stands disposed of accordingly.

(Aparesh Kumar Singh, J) Shamim/