Jharkhand High Court
Bal Krishna Sharma vs The Union Of India Through Cbi ... on 3 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 851 of 2022
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Bal Krishna Sharma --- --- Appellant
Versus
The Union of India through CBI (AHD) --- --- Respondent
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CORAM: HON'BLE THE ACTING CHIEF JUSTICE
For the Appellant: Mr. Amit Kr. Tiwari, Advocate
For the Respondent: Mr. Prashant Pallav, DSGI
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05/03.02.2023 Heard learned counsel for the appellant and learned DSGI
representing the CBI on the prayer for condonation of delay of 213 days
in preferring the instant memo of appeal.
On being satisfied with the explanation and on consideration of
the submissions of the parties, delay is condoned.
Admit.
Call for the lower court records in connection with R.C. Case
No. 47(A)/1996-Pat from the court of learned Special Judge-V, C.B.I
(A.H.D Scam Cases), Ranchi. It is informed that lower court records
have only been received in connection with other appeals preferred
against the same impugned judgment.
Learned counsel for the appellant has pressed the prayer for
suspension of sentence of this appellant made through I.A. No.
11411/2022.
This Appellant stands convicted for the offence punishable under
Sections 420, 467, 468 and 471 of the I.P.C. vide impugned judgment
of conviction dated 15.02.2022 passed by the Learned Special Judge-V,
C.B.I (A.H.D Scam Cases), Ranchi in R.C. 47(A)/1996 (Pat) and has
been sentenced to undergo R.I. for 4 years for all the offences with a
fine of Rs. One Lakh and a default sentence vide order of sentence
dated 21.02.2022. The sentences were ordered to run concurrently.
Learned counsel for the appellant submits that the appellant was
the proprietor of M/s Sree Gauri Agency, Bhagalpur who was charged
with having fraudulently received a sum of Rs.49,94,436/- without
supplying any veterinary medicine through six contingent bills. It is
submitted that the learned trial court on consideration of the oral and
documentary evidence, has been pleased to reject the defence of the
appellant and convicted him for the aforesaid offences. The appellant
was working as a staff of another accused Sushil Kumar Jha who was
the proprietor of Sri Gauri Agency, Bhagalpur. However, appellant has
undergone custody for more than half of the sentence of four years
awarded till date. A supplementary affidavit has been filed after joint
inspection of the lower court records as per which the appellant has
remained in custody for about 27 months as on date.
Learned counsel for the CBI does not dispute that the appellant
has undergone custody for 26 months 12 days as per instructions
contained in letter dated 19th January 2023 issued by the Additional
Superintendent of Police, CBI, EOB, Ranchi.
Having considered the submissions of learned counsel for the
parties and taken note of the materials placed on records and the period
of custody undergone by the appellant, this Court is inclined to grant
the privilege of suspension of sentence to the appellant during pendency
of the appeal since he has undergone more than 24 months of custody
i.e. half of the custody against the sentence of four years by now.
Accordingly, appellant is directed to be released on bail on furnishing
bail bonds of Rs. 25,000/- (rupees twenty five thousand) with two
sureties of the like amount, each, subject to deposit of fine amount of
Rs. 25,000/- before the trial court and if not wanted in connection with
any other case. The appellant would not leave the country without
permission of the learned Trial Court. He would also submit his
passport, if any, before the learned Trial Court and the appellant and his
bailors shall not change their address or mobile nos. without permission
of the learned Trial Court.
I.A. No. 11411/2022 stands disposed of accordingly.
(Aparesh Kumar Singh, A.C.J)
Shamim/
