Jharkhand High Court
Mahendra Kumar Kundan vs Vrs on 6 May, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (SJ) No. 108 of 2022
Mahendra Kumar Kundan ............Appellant
Vrs.
The Central Bureau of Investigation AHD, Ranchi .......... Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Appellant : Mr. Kripa Shankar Nanda, Advocate
For the CBI : M/s Prashant Pallav, ASGI, Navneet Sahay,
and Shivani Jaluka, A.C. to ASGI
06/06.05.2022 Heard learned counsel for the appellant and learned counsel for
the CBI on the prayer for suspension of sentence made through I.A. No.
2440 of 2022.
2. 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 the
Learned Special Judge-V, CBI (AHD 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) r/w Section
13(1)(c)(d) of the P.C. Act and sentenced to undergo R.I. for 4 years
with a fine of Rs. 10 Lakh u/s 120 B I.P.C. and R.I. for 4 years with a
fine of Rs. 5 Lakh u/s 420,409,467,468,471 and 477A of the I.P.C. and
default sentences. All the sentences were directed to run concurrently.
3. Learned counsel for the appellant submits that appellant (A-101)
was the proprietor of M/s Krishna Traders, Ranchi against whom fake
supplies of GNC and receiving payment to the tune of Rs.9,51,940/- was
alleged against one contingent bill by way of encashment. It has been
further alleged that an amount of Rs.1 Crore 67 Lakhs and odd were also
received against 28 contingent bills towards supply of laboratory
equipment, liquid Nitrogen, steam, generating boiler, generator stool,
almirah etc. though no brand name has been mentioned against the
items supplied, except Borosil Glassware and laboratory items. It is also
alleged that an amount of Rs. 48,80,363/- towards the cost of the supply
of Borosil items has been taken as fraudulent amount. Appellant in his
defence has stated he had supplied the equipment through his firm as per
supply orders and accordingly received genuine payments. The role of
the appellant has been discussed in para no. 287 to 290 of the impugned
judgment. Learned CBI Court has arrived at an erroneous findings by
mis-appreciation of evidence on record. Appellant has completed more
than half of the custody of 28 months and 14 days as on date against the
maximum sentence of 4 years awarded under the provisions of I.P.C.
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 convictions under other R.C.
cases also.
4. Learned counsel for the CBI has opposed the prayer on merits.
She submits that appellant had fraudulently withdrawn huge amount of
money from the government exchequer against fake supplies, which
during trial has been shown to be non-existent or regarding which, no
brand name etc. were also mentioned. It is however not disputed that
appellant has completed 28 months and 14 days of custody as on date
against the maximum sentence of 4 years and ordered to run
concurrently.
5. 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 under gone by the appellant in
connection with the instant R.C. Case 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 against the
maximum sentence of 4 years 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 appellant be released on bail, during the
pendency of this appeal, on furnishing bail bonds of Rs. 25,000/-
(Rupees Twenty Five 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 the fine amount of Rs.1,50,000/- (Rupees One Lakh
Fifty Thousand) 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
bailers shall not change their address or mobile nos. without permission
of the learned Trial Court.
6. I.A. No. 2440 of 2022 stands disposed of accordingly.
(Aparesh Kumar Singh, J.)
A.Mohanty
