Jharkhand High Court
Shankar Par vs Union Of India Through C.B.I on 11 November, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 1189 of 2019
------
Shankar Par ... ... Appellant
Versus
Union of India through C.B.I. ... ... Respondent
--------
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
--------
For the Appellant : M/s. Birendra Kumar &
Raj Kishore Sahu, Advocates
For the C.B.I. : Mr. Anil Kumar, Sr. Counsel, A.S.G.I.
--------
Order No. 14: Dated: 11th November, 2022
Learned counsels for both the parties are present.
Learned counsel for the appellant submitted that an I.A. No.
3255 of 2021 has been filed on behalf of the appellant with a prayer
to enlarge the appellant on bail during the pending of the instant
appeal.
It has further been submitted on behalf of the appellant that
the present Criminal Appeal has been filed against the judgment of
conviction and order of sentence dated 11.11.2019 passed by the
Additional Judicial Commissioner XVIII- cum Special Judge-CBI
(Other than AHD), Ranchi in R.C. Case No. 04A/2016 (R) whereby
and where under the sole appellant was convicted for the offence
punishable u/s 7 & 13 (2) r/w 13(1) (d) of the Prevention of
Corruption Act, 1988 and further the appellant was sentenced to the
rigorous imprisonment of 3 years u/s 7 of the said Act and a fine of
Rs. 5,000/- (Rupees five thousand) and in default of payment of fine
03 months R.I. is awarded. Further the appellant was sentenced to
undergo rigorous imprisonment of 4 years u/s 13(2) of the
Prevention of Corruption Act, 1988 with a fine of Rs. 10,000/-
(Rupees ten thousand) and in default of payment of fine 06 months
R.I. is awarded and both the sentences are directed to run
concurrently.
It has been submitted by the learned counsel appearing for
the appellant that the sole appellant was in custody since 04.03.2016
to 23.04.2016 and after that he was all along on bail during the trial.
After conviction he has been in jail since 11.11.2019 and as such the
total period of his custody in jail has become more than about 03
three years in the present case.
It has further been submitted on behalf of the appellant that
allegation against the appellant is that he was apprehended while
accepting the bribe of Rs. 5,000/- being a public servant for
including the name of the father of the complainant as nominee in
the CMPF account of his mother Late Smt. Indravati Devi bearing
No.- RMG/14-597. It has been pointed out that while passing the
impugned judgment of conviction and order of sentence, the
learned trial court has committed error by not appreciating the
depositions of the witnesses examined on behalf of the prosecution
in totality and it has been pointed out that in para 9 of his cross-
examination, P.W. 6 has stated that any claim regarding P.F. of his
mother has not been made by him and no work has been pending
with the present appellant. Further it has been pointed out that in
para 31 of P.W. 6, P.W. 6 has stated that no pre-trap memorandum
has been explained and performed by him and thus the case of the
prosecution is vitiated because of not following pre-requisites of the
alleged trap.
On the other hand, the learned Sr. counsel appearing for the
C.B.I through Union of India opposed the contentions raised on
behalf of the appellant.
Having taken into consideration the persuasive submissions
advanced on behalf of the appellant under the facts and
circumstances of this case, it is found fair and just to grant the
privilege of bail to the appellant and accordingly the appellant is
directed to be enlarged on bail, during the pendency of this appeal,
on furnishing bail bond of Rupees 25,000/- (Rupees Twenty Five
Thousand only) with two sureties of the like amount each, to the
satisfaction of learned Additional Judicial Commissioner XVIII- cum
Special Judge-CBI (Other than AHD), Ranchi in R.C. Case No.
04A/2016 (R).
Accordingly, the I.A. No. 3255 of 2021 stands allowed.
Office is directed to call for the original lower court record in
this appeal from the concerned court for hearing this appeal on
merit.
(Navneet Kumar, J.)
MM
