Jharkhand High Court
Suresh Dubey @ Suresh Kumar Dubey vs The Union Of India Through ... on 6 May, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 155 of 2022
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Suresh Dubey @ Suresh Kumar Dubey .............. Appellant
Versus
The Union of India through CBI(AHD) ............... 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. Amit Kumar Tiwari, Advocate,
For the Resp.-CBI : Ms. Shivani Jaluka, A.C to A.S.G.I
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04/06.05.2022 Heard learned senior counsel for the appellant and learned counsel for
the C.B.I on the prayer for suspension of sentence made through I.A No.3143 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)(c)(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. 2 Lakhs under Section
420,409,467,468,471 and 477A of the Indian Penal Code and default sentences.
No separate sentence has been awarded under the P.C. Act. All the sentences
were directed to run concurrently.
Learned counsel for the appellant submits that the appellant (A-39)
was the Proprietor of M/s. Chhotanagpur Veterinary Enterprises Ranchi. The role
of the appellant has been discussed by learned trial court at para 194 to 196 of the
impugned judgment. It was alleged that the appellant had during financial year
1990-91 and 1994-95 made fraudulent supply of yellow maize worth Rs.
2,52,10,569/- and received payments against such supply through 43 CNC bills,
out of which, Rs. 26,86,493/- has been found to be fraudulent supply because
registration number of 59 trucks claimed to be used for transportation were
found to be that of non-commercial vehicles. It is submitted that the appellant had
taken a plea that entire allegation is false and fabricated and not a single witness
was examined by the prosecution to establish that the firm had not supplied the
materials to Regional Directorate, AHD, Ranchi. However, learned CBI Court
has rendered an erroneous finding without appreciating the oral and documentary
evidence on record against the appellant. It is submitted that the appellant has
completed about 29 months and 10 days of custody against the maximum
sentence of four years awarded under the provisions of IPC.
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 CBI
has been able to successfully establish fraudulent payments to the tune of Rs.
26,86,493/- by the appellant on the basis of oral and documentary evidence.
However, she does not dispute the claim of custody of more than half of the
sentence by the appellant in view of the supporting documents such as order-
sheet of R.C. Case enclosed to the supplementary affidavit filed along with I.A.
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. 3143 of 2022 stands disposed of accordingly.
(Aparesh Kumar Singh, J)
Jk/
