Vijay Mohan Mishra vs The State Of Jharkhand Through ...
2022 Latest Caselaw 4308 Jhar

              IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                               Criminal Appeal (S.J.) No. 310 of 2022
                                             with
                                     I.A. No. 4215 of 2022
              Vijay Mohan Mishra                      ..... ... Appellant
                                  Versus
      The State of Jharkhand through Vigilance        ..... ...       Respondent
                               --------

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant : Mr. Niranjan Kumar, Advocate.

      For the ACB              :        Mrs. Priya Shrestha, Spl.P.P.
                               ------

03/ 20.10.2022 I.A. No. 4215 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 3 years, under Section 7 of the Prevention of Corruption Act with fine of Rs. 20,000/- and also R.I. for 4 years under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act with fine of Rs. 30,000/- and both the sentences were directed to be run concurrently.

Learned counsel appearing for the appellant submits that the appellant was all along on bail during the trial and now the appellant is in jail custody since the date of judgment i.e. from 31.03.2022. He submits that the P.Ws.-8 and 11 have turned hostile. He further submits that the demand has not been proved.

On the other hand, learned Spl.P.P. appearing for the State submits that the learned court has held guilty for the cogent evidence and the appellant has not completed his half of the sentence.

Considering the aforesaid submissions of the parties and the appellant was all along on bail during trial and now in jail custody since the date of judgment i.e. from 31.03.2022 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 during the pendency of this appeal. 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 Special Judge (Anti Corruption Bureau), Palamau at Daltonganj, in connection with Vigilance Case No. 20 of 2003, 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/-