Sunil Kumar Satpathy vs The State Of Jharkhand
2023 Latest Caselaw 3107 Jhar

                                           1                        Cr.M.P. No.438 of 2022




                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr.M.P. No. 438 of 2022


                 Sunil Kumar Satpathy, aged about 58 year, son of Rajnikant
                 Satpathy, resident of Mouza Sathua Colony, Ward No.8, P.O. & P.S.
                 Seraikella, Dist.- Seraikella- Kharswan
                                                    ....             Petitioner


                                         Versus

                    The State of Jharkhand
                                               ....              Opp. Party



                                         PRESENT

                HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
                                       .....

For the Petitioner : Mr. J.N. Upadhyay, Advocate For the State : Mr. Manoj Kr. Mishra, Addl. P.P.

.....

By the Court:-

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the

jurisdiction of this Court under Section 389 (2) Cr.P.C. with a

prayer for quashing the order dated 30.10.2021 passed by the

learned Vacation Judge, Seraikella in connection with Criminal

Appeal No. 19 of 2021 arising out of Seraikella P.S. Case No. 43 of

2020, corresponding to G.R. No. 747 of 2020 by which the learned

Vacation Judge rejected the prayer of the petitioner who has been

convicted by the learned Chief Judicial Magistrate, Seraikella-

Kharsawan in G.R. No. 747 of 2020 for the offence punishable

under Section 409 and 471 read with Section 34 of Indian Penal

Code and has been sentenced to undergo R.I. for five years and to

pay a fine of Rs.10,000/- under Section 409 of Indian Penal Code

and R.I. for two years under Section 471 of Indian Penal Code vide

the judgment dated 31.08.2021.

3. Perusal of the record reveals that while the petitioner was

working as the Branch Manager of Jharkhand State Cooperative

Bank Limited in collusion with the Assistant Branch Manager-

Mansa Ram Mahato has fraudulently misappropriated

Rs.46,57,179/- from the said Bank.

4. The learned Vacation Judge considering the gravity of the

offence has observed that the appeal may be disposed of at an

early stage in future, and rejected the prayer for bail of the

petitioner.

5. It is submitted by the learned counsel for the petitioner that the

appeal is still pending and the petitioner has been in judicial

custody all along since 23.05.2020 that is more than half of the

maximum sentence imposed i.e. about 3 years and three months

and there is no likelihood of the appeal being concluded in near

future. Hence, it is submitted that the order dated 30.10.2021

passed by the learned Vacation Judge, Seraikella in connection

with Criminal Appeal No. 19 of 2021 arising out of Seraikella P.S.

Case No. 43 of 2020, corresponding to G.R. No. 747 of 2020 be

quashed and the sentence of the petitioner-appellant be

suspended and he be released on bail.

6. Learned Additional Public Prosecutor objects to the prayer for

the sentence of the petitioner being suspended and he be released

on bail in view of the serious nature of allegation against him and

as huge amount of money being misappropriated by him.

7. Having heard the submissions made at the Bar and after going

through the materials in the record, it is pertinent to mention here

that the petitioner has already undergone more than half of the

maximum sentence imposed and there is no likelihood of the

appeal being heard in near future. Hence, the continuation of the

order dated 30.10.2021 passed by the learned Vacation Judge,

Seraikella in connection with Criminal Appeal No. 19 of 2021

arising out of Seraikella P.S. Case No. 43 of 2020, corresponding to

G.R. No. 747 of 2020, (M.C.R.A. No. 648 of 2021) will amount to

abuse of process of law.

8. Accordingly, the order dated 30.10.2021 passed by the learned

Vacation Judge, Seraikella in connection with Criminal Appeal

No. 19 of 2021 arising out of Seraikella P.S. Case No. 43 of 2020,

corresponding to G.R. No. 747 of 2020, (M.C.R.A. No. 648 of 2021)

is quashed and set aside.

9. The sentence of the petitioner is directed to be suspended and

the petitioner be released on bail on furnishing bail bond of

Rs.25,000/- with two sureties till disposal of the Criminal Appeal

No. 19 of 2021 of the court of learned Additional Sessions Judge-I,

Seraikella or any successor court.

10. In the result, this criminal miscellaneous petition is allowed.

(Anil Kumar Choudhary, J.)

High Court of Jharkhand, Ranchi Dated the 23rd August, 2023 AFR/Sonu-Gunjan/-