Jharkhand High Court
Dr. Birsa Oraon @ Birsa Oraon vs Union Of India Through Cbi on 6 May, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 195 of 2022
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Dr. Birsa Oraon @ Birsa Oraon ............ Appellant
Versus
Union of India through CBI ............... 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 : Mr. Vishnu Kumar Sharma, Advocate,
For the Resp.-CBI : Ms. Shivani Jaluka, A.C to A.S.G.I
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03/06.05.2022 Heard learned counsel for the appellant and learned counsel for the
C.B.I on the prayer for suspension of sentence made through I.A No. 2528 of
2022.
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 learned Special Judge-V, CBI,
(A.H.D. Scam Cases), Ranchi for the offences under Section 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 the Prevention of Corruption Act and has
been sentenced to undergo R.I for 4 years with a fine of Rs. 50,000/- under
Section 120B of I.P.C.; R.I for 4 years with a fine of Rs. 50,000/- under Section
420,409,467,468,471 and 477A of the Indian Penal Code and R.I for 4 years with
a fine of Rs. 2 Lakhs under Section 13(2) r/w section 13(1)(d) of Prevention of
Corruption Act and default sentences. All the sentences were directed to run
concurrently.
Learned counsel for the appellant submits that the appellant (A-137)
was Former Assistant Farm Manager, Government Cattle Farm, Hotwar and
Former Manager, Government Cattle Farm, Seraikela, whose role along with
veterinary doctors of AHD have been discussed from para 110 onwards in the
impugned judgment. It has been alleged that the appellant was responsible for
certifying 291 fake bills which led to fraudulent payment of Rs. 22,51.07,609
without proper receipt of supplies. Learned trial court has rendered erroneous
finding without proper appreciation of material evidence on record . It is
submitted that the appellant has remained in custody for about 2 years 6 months
and 22 days against the sentence of 4 years awarded under both I.P.C and P.C
Act.
Learned counsel for the appellant submits that appellant may be granted
bail by suspending his sentence as he has completed more than half of the
custody on the principles of parity as has been applied by this Court in cases of
similar convicts/appellants under Fodder Scam cases, not only in connection with
the instant R.C Case but convictions under other R.C cases also.
Learned counsel for the CBI has opposed the prayer. She submits that the
appellant was also one of the doctors, in which capacity he certified the fake
invoices without supply of materials and the allegations have been duly
established on the basis of oral and documentary evidence by the CBI during
trial. She, however, submits that on the basis of joint inspection in the presence of
learned counsel for the parties and CBI official of Lower Court Records, it has
been found that the appellant has remained in custody for about 2 years 6 months
and 26 days against the sentence of 4 years awarded to him under the impugned
conviction both under I.P.C and P.C Act ordered to run concurrently.
I have considered the submissions of learned counsel for the parties
and taken note of the materials relied upon from the lower court record and also
the period of custody undergone by the appellant in connection with the instant
R.C Case No. No. 47(A)/1996-PAT. Having regard to the totality of facts and
circumstances and that the appellant has remained in custody for more than half
of the sentence awarded in the instant case, I am inclined to grant the privilege of
suspension of sentence to the appellant by enlarging him on bail.
Accordingly, let the above-named appellant be released on bail,
during the pendency of this appeal, on furnishing bail bonds of Rs. 25,000/-
(Rupees Twenty Fifty Thousand) with two sureties of the like amount each, to the
satisfaction of learned Special Judge-V, CBI (AHD Scam Cases), Ranchi in
connection with R.C Case No. 47(A)/1996-PAT, subject to deposit of fine
amount of Rs. 50,000/- 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 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.
I.A No. 2528 of 2022 stands disposed of accordingly.
(Aparesh Kumar Singh, J)
Jk/
