Anand Kishor Sharma vs The State Of Jharkhand Through ...
2022 Latest Caselaw 1921 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                I.A. No. 3699 of 2022
                                          In
                           Cr. Appeal (S.J.) No. 399 of 2017

          Anand Kishor Sharma                      ...      ...         Appellant
                                             - Versus -
          The State of Jharkhand through A.C.B. ...       ...      Opposite Party
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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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For Appellant : M/s. Chanchal Jain, Advocate For the A.C.B. : M/s. Priya Shrestha, A.P.P

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09/11.05.2022 I.A. No. 3699 of 2022 Heard the Parties.

This Interlocutory Application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of ad-interim bail, to the appellant, during the pendency of this appeal.

This appeal has been preferred against the judgment of conviction and order of sentence dated 14.02.2017 passed by learned Additional Sessions Judge, XIIth-Cum- Special Judge, Anti Corruption Bureau Hazaribagh in Special Case No. 61/ 2002, arising out of Vigilance (Ranchi) P.S. Case No. 53/ 2002 dated 31/08/2002, holding the appellant guilty for the offences under Sections 7 and Section 13(2) r/w Section 13(1-D) of the P.C. Act, 1988, and thereby sentencing him to undergo R.I. for 3 years under Section 7 of the P.C. Act with a fine of Rs. 3000/- and in default thereof appellant was further directed to serve S.I. for two months and R.I. for 3 years under section 13(2) r/w Sections 13(1-D) of the Prevention of Corruption Act alongwith fine of Rs. 3000/- for the said offenses. In default of payment of fine he was further directed to undergo simple imprisonment for two months.

It was submitted that Appellant was released on provisional bail by the learned trial court. It appears that bail of this appellant was also confirmed but his bail was subsequently cancelled for non- appearance of the learned lawyer for the appellant at the time of hearing.

Learned Lawyer for the appellant undertakes that he will personally appear before this court at each date when this case will be listed.

Regard being had to the facts and circumstances, I am inclined enlarge the appellant on bail, during the pendency of the appeal, on furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, XIIth-Cum- Special Judge, Anti Corruption Bureau Hazaribagh in connection with Special Case No. 61/ 2002, arising out of Vigilance (Ranchi) P.S. Case No. 53/ 2002. Impugned order of sentence shall remain suspended till final decision of this appeal.

I.A. No. 3699 of 2022 stands allowed.

(Ambuj Nath, J.)

Saurabh