Jharkhand High Court
Surendra Ram vs The State Of Jharkhand Through ... on 19 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 672 of 2009
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Surendra Ram ...... .... Petitioner
Versus
The State of Jharkhand through C.B.I ..... .... Opp. Party
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CORAM : HON'BLE MR. JUSTICE AMBUJ NATH
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For the Petitioner : Mr. Pandey Neeraj Rai, Advocate
Mr. Rohit Ranjan Sinha, Advocate
Mr. Saurabh Sagar, Advocate
Mr. Akchansh Kishore, Advocate
For the Opp. Party-CBI : Mr. Anil Kumar, A.S.G.I
Ms. Chandana Kumari, J.C to A.S.G.I.
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11/ Dated 19.08.2023
Heard the parties.
The petitioner has filed this application against the judgment dated
25.02.2006, passed by Shri R. N. Mishra, learned Additional Judicial
Commissioner, (F.T.C-X), Ranchi in Criminal Appeal No.66/1999, whereby and
wherein, learned Additional Judicial Commissioner, (F.T.C-X), Ranchi dismissed
the appeal of the petitioner and upheld the judgment of conviction and order of
sentence dated 24.04.1999, passed by Sri H.N.Shukla, learned Judicial Magistrate,
1st class-cum-Special Judicial Magistrate (C.B.I), Ranchi in connection with R.C.
No. 01/1981 (Ranchi), holding the petitioner guilty of offences under Sections
420, 468 and 471 of the Indian Penal Code and thereby, sentencing him to
undergo R.I for six months alongwith a fine of Rs.1,000/- for each of the offences
under Sections 420 and 468 of the Indian Penal Code and in default of payment of
fine, he was further directed to undergo S.I for one month for each of the offences.
No separate sentence was passed under Section 471 of the Indian Penal Code.
Both the sentences were ordered to run concurrently.
It is alleged that the petitioner is said to have misappropriated Rs.207/- by
submitting false medical bill in the name of his daughters and son who were
suffering from mental disorder. The petitioner had misappropriated Rs.207/- from
Hindustan Steel Works Construction Ltd., Bokaro Steel City, Bokaro, by
submitting fake medical bill in the name of his children who were suffering from
mental disorder.
The matter was investigated by the Central Bureau of Investigation.
The doctor, who has been shown to have issued the medical prescription,
has been examined by the prosecution and he has specifically stated that he has
examined the children of the petitioner and has not issued medical prescription.
The forged bills have also been exhibited by the prosecution.
On the basis of evidence both oral and documentary, learned Trial Court
held the petitioner guilty for the aforesaid offences and the petitioner was
sentenced accordingly.
Mr. Saurabh Sagar, learned counsel for the petitioner has submitted that he
will confine his argument only on the period of question of sentence. It was also
submitted that two persons have faced trial, facing similar allegation. The
petitioner has misappropriated Rs.207/- and the co-convict Ramdeo Singh had
misappropriated Rs.114/- .
The co-convict Ramdeo Singh had preferred Criminal Revision before this
Hon'ble Court in Cr. Revision No.171/1989(R) and the Hon'ble Single Bench of
this Court by Judgment dated 27.02.1996 released Ramdeo Singh by giving him
the benefit of Section 4 of the Probation of Offenders Act.
In view of the aforesaid fact and in order to maintain parity, the judgment
of conviction passed by the learned Trial Court, holding the petitioner guilty for
the offences under Sections 420 and 468 of the Indian Penal Code is affirmed.
However, the sentence passed by the learned Trial Court, directing the petitioner
to undergo R.I for six months for the offences under Sections 420 and 468 of the
Indian Penal Code is set aside.
Accordingly, I am inclined to extend the benefit of Section 3 of the
Probation of Offenders Act. The petitioner shall be released after due admonition.
This revision application is partly allowed with modification of sentence.
Pending I.A., if any, also stands disposed of.
BS/ (Ambuj Nath, J.)
