Jharkhand High Court
Rajesh Mehra vs Union Of India Through Central ... on 6 May, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 146 of 2022
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Rajesh Mehra .............. Appellant
Versus
Union of India through Central Bureau of
Investigation (AHD), Ranchi ............... 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. Anil Kumar Sinha, Sr. Advocate,
For the Resp.-CBI : Ms. Shivani Jaluka, A.C to A.S.G.I
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05/06.05.2022 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. 2907 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. 10 Lakhs under
Section 120B of I.P.C.; R.I for 4 years with a fine of Rs. 5 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 senior counsel for the appellant submits that the appellant (A-
50) was Proprietor of M/s.Veekay Commercial Traders, Ranchi. The CBI had
alleged fraudulent supplies of Rs. 2,05,12,578/- against 45 CNC Bills relating to
GNC, in which an amount of Rs. 11,29,939/- was found to be fraudulently
received as supplies were made through trucks but the registration no. were of
non-commercial vehicles like scooter, car, moped etc. Learned trial court has
discussed the case of the appellant at para -211 to 213 of the impugned judgment
and erroneously arrived at a finding of guilt without proper appreciation of
evidence. It is submitted that the fake registration numbers alleged by the CBI
were not something to be verified by the appellant, rather the transporter may be
responsible for it. It is submitted that the appellant has completed about 2 years, 6
months and 22 days of custody against the maximum sentence of 4 years awarded
under the 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 the
appellant has been responsible for fake supply and receiving fraudulent payment
against fake allotment letters which has been established on the basis of oral and
documentary evidence during trial. Learned counsel for the CBI 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 completed 2 years, 6 months and 22 days of custody.
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. 1.5 Lakhs 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. 2907 of 2022 stands disposed of accordingly.
(Aparesh Kumar Singh, J)
Jk/
