Jharkhand High Court
Dr. Chandra Kishor Lal @ Dr. ... vs The Union Of India Through C.B.I on 6 May, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 156 of 2022
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Dr. Chandra Kishor Lal @ Dr. Chander Kishore Lal
@ Chandra Kishore Lal --- --- Appellant
Versus
The Union of India through C.B.I --- --- Respondent
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CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh
Through: Video Conferencing
For the Appellant: Mr. Vishnu Kr. Sharma, Advocate
For the Respondent: Ms. Shivani Jaluka, A.C to ASGI
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04/ 06.05.2022 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 informs that LCR has been received
in connection with the other Appeals arising out of the instant R.C. case.
4. Heard learned counsel for the appellant and learned counsel for the CBI
on the prayer for suspension of sentence of this appellant made through I.A. No.
2065/2022.
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 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 four
years with a fine of Rs. 50,000/- and default sentence under section 120-B of
the Indian Penal Code; R.I for four 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 and R.I for four years with a fine of Rs. 50,000/- 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.
6. Learned counsel for the appellant submits that the appellant (A-136) was
former Assistant Manager, RPF, Hotwar, Ranchi. Role of the appellant along
with other doctors of AHD has been discussed by the learned Trial Court at
para-110 onwards of the impugned judgment. Learned CBI Court has held that
the appellant was accused of falsely certifying 70 fake bills of medicines and
feed without actual supply of materials by the accused suppliers which led to
fraudulent withdrawal of Rs. 6.00 crore 03.00 lakh and odd. It is submitted that
the appellant has undergone custody for more than two years against the
maximum sentence of four years awarded under different provisions of I.P.C.
and P.C. Act. Learned counsel for the appellant submits that breakup of the
custody has been given in the interlocutory application and supporting
documents have also been enclosed in the supplementary affidavit. Therefore,
appellant may be enlarged on bail by suspending his sentence 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 conviction under other R.C. cases also.
7. Learned counsel for the CBI has opposed the prayer. She submits that
CBI has been able to successfully establish the charges against the appellant
during trial on the basis of oral and documentary evidence. She however
submits on instruction that the appellant has remained in custody for about 02
years 05 months and few days as on date.
8. I have considered the submissions of learned counsel for the parties and
taken note of the materials relied upon from the records including the plea of
the appellant of having served more than half of custody against the sentence of
four years awarded by the learned CBI Court. On consideration of the
submission of learned counsel for the parties and materials on record including
the fact that the appellant has undergone more than half of the custody, I am
inclined to enlarge the appellant on bail by suspending the sentence.
Accordingly, let the appellant- Dr. Chandra Kishor Lal @ Dr. Chander Kishore
Lal @ Chandra Kishore Lal be released on bail, during the pendency of this
appeal, on furnishing bail bonds of Rs. 25,000/- with two sureties of the like
amount each, to the satisfaction of learned Special Judge-V, CBI (AHD Scam
Cases), Ranchi in R.C. Case No. 47(A)/1996 - Pat, subject to deposit of
Rs. 25,000/- 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 and mobile nos. without permission of the learned Trial Court.
9. I.A. No. 2065/2022 stands disposed of accordingly.
(Aparesh Kumar Singh, J)
Ranjeet/
