Sujit Kumar Dey vs The State Of Jharkhand (Through ...
2022 Latest Caselaw 4306 Jhar

       IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                         Criminal Appeal (S.J.) No. 551 of 2022
                                       with
                               I.A. No. 6850 of 2022
       Sujit Kumar Dey                                   .....   ...   Appellant
                                   Versus
      The State of Jharkhand (through ACB)            ..... ...        Respondent
                                --------

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant : Mr. Sanjeev Thakur, Advocate.

      For the ACB               :        Mr. V.K. Vashistha, Spl.P.P.
                                ------

07/ 20.10.2022 I.A. No. 6850 of 2022 has been filed for suspension of the sentence, awarded to the appellant, during the pendency of this appeal.

The appellant has been sentenced to undergo R.I. for 4 years, under Section 13(2) of the Prevention of Corruption Act and also R.I. for 3 years under Section 7 of the Prevention of Corruption Act and fine has been imposed to the tune of Rs. 25,000/- for both Sections and both the sentences were directed to be run concurrently.

Learned counsel appearing for the appellant submits that P.W.-3, who is informant of the case has turned hostile. He submits that the P.Ws.-5 and 6, who were the seizure list witnesses, have also turned hostile. He further submits that the other witnesses, have also not stated anything on the point of receiving of the bribe by this appellant. Learned counsel further submits that the appellant was in jail custody for about four months before trial and also from the date of judgment, i.e. 27.06.2022 till now.

On the other hand, learned Spl.P.P. appearing for the State by way of referring the evidence of P.W.-5, submits that this witness has clearly stated that the appellant, who is Halka Karamchari has demanded a sum of Rs. 15,000/-. He submits that the pre-trap and post-trap memorandum has been proved.

Considering the aforesaid submissions of the parties and the appellant was in jail custody for about four months before trial and also from the date of judgment i.e. 27.06.2022 till now and also considering that there is no likelihood of hearing of this appeal in recent, as the other old appeals are still pending, I am inclined to suspend the sentence awarded to the appellant. Accordingly, the appellant, named above, is directed to be released on bail, during the pendency of this appeal, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-X-cum-Special Judge (ACB), Dhanbad, in connection with Special Vigilance Case No. 15 of 2012, subject to deposition of the fine amount before the learned Trial Court.

With the above observation, the aforesaid interlocutory application stands allowed and disposed of.

(Sanjay Kumar Dwivedi, J.) Amitesh/-