Jharkhand High Court
Abhay Nindkan Tigga vs Union Of India Through Cbi on 14 November, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 787 of 2022
With
I.A. No. 9809 of 2022
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Abhay Nindkan Tigga ... ... Appellant
Versus
Union of India through CBI ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : Mr. A.K. Sahani, Advocate
For the C.B.I. : Ms. Chandana Kumari, Advocate.
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Order No. 03: Dated: 14th November, 2022
Learned counsels for both the parties are present.
Heard the parties.
This appeal is directed against the judgment of conviction and
order of sentence dated 27.09.2022 pronounced by the AJC-XVIII cum
Spl. Judge C.B.I., Ranchi in R.C. Case No.03 (A)/2015-R, CNR-
JHRN01-006025-2015 whereby and where under the appellant along
with other accused persons were convicted for the offence punishable
u/s 120-B r/w section 420 IPC, u/s 120-B r/w section 468 IPC, u/s
120-B r/w section 471 of IPC, and under section 120-B of IPC and
under sections 13(2) read with section 13(1)(d) of P.C. Act and they
were sentenced to undergo RI for two years and fine of Rs. 50,000/-
and in default of payment of fine 3 months SI for the offence
punishable u/s 120-B r/w section 420 of IPC and further RI for 2 years
and fine of Rs. 50,000/- and in default of payment of fine 3 months S.I.
for the offence punishable u/s 120 B r/w section 468 of IPC, further RI
for 2 years and fine of Rs. 10,000/- and in default of payment of fine 3
months S.I. for the offence punishable u/s 120 B r/w section 471 of IPC
and further RI for 2 years and fine of Rs. 10,000/- and in default of
payment of fine 3 months S.I. for the offence punishable u/s 120-B of
IPC and u/s 13(2) r/w 13 (1) (d) of P.C. Act.
I.A. No. 9809 of 2022
Learned counsel appearing for the appellant submitted that the
present interlocutory application has been filed wherein it has been
submitted that the learned court below after having been passed the
impugned judgment of conviction and order of sentence has granted
the provisional bail to the present appellant vide order dated
27.09.2022 for the period of 30 days and further the provisional bail
granted to the appellant is extended for the period of 15 days vide
order dated 08.11.2022, the certified copy of the orders of granting the
provisional bail and further extending the provisional bail dated
27.09.2022 and 08.11.2022 are available on record.
It has further been submitted that the appellant is ready to
deposit the fine amount subject to the final disposal of this appeal as
awarded by way of sentence of fine and imposed by the learned court
below under all the heads/counts separately as mentioned in the
Order Of Sentence dated 27.09.2022 passed by the learned court below.
Learned counsel for CBI through the Union of India did not
controvert the submissions if the appellant is ready to deposit the said
fine as imposed by the learned court below.
Having taken into consideration the aforesaid submissions
advanced on behalf of both the parties under the facts and
circumstances of the case, it is found just and proper to confirm the
provisional bail granted to the appellant by the learned court below,
accordingly the provisional bail granted to the appellant namely
Abhay Nindkan Tigga vide order dated 27.09.2022 in connection with
R.C. Case No. 03 (A)/2015-R is hereby affirmed, subject to the
condition that he would make the payment of fine as awarded by the
learned court below in all the counts/heads separeately namely under
section 120 B, 420, 468, 471 of IPC and 13(2) & 13(1) (d) of P.C. Act as
per the impugned Order of sentence dated 27.09.2022. The appellant is
given 08 weeks' time to deposit the fine amount and furnish the receipt
of the same, failing which the provisional bail confirmed to the
appellant shall stand cancelled.
Accordingly, I.A. No. 9809 of 2022 stands allowed.
Cr. Appeal (SJ) No. 787 of 2022
The present appeal is admitted for hearing.
Office is directed to call for the original lower court record in this
appeal from the concerned court for hearing the case on merit.
(Navneet Kumar, J.)
MM
