Jharkhand High Court
Om Prakash Mandal vs Union Of India Through Cbi on 9 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 687 of 2022
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Om Prakash Mandal ... ... Appellant
Versus
Union of India through CBI ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : : Mr. Indrajit Sinha, Advocate
For the Respondent : Mr. Prashant Pallav, DSGI
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th
Order No. 04: Dated: 09 February, 2023
Learned counsel for the parties is present.
I.A. No. 11488 of 2022
The instant interlocutory application has been filed for
releasing the appellant on bail.
It is submitted on behalf of the appellant that this court has
admitted the appeal which has been preferred against the judgment of
conviction dated 24.08.2022 and order of sentence dt. 25.08.2022
passed in R.C. Case No. 07[A]/2015-R passed by learned Additional
Judicial Commissioner-XVIII cum Special Judge C.B.I., Ranchi
whereby and whereunder the appellants have been found guilty for
offences u/s 120B r/w 420, 467, 468, 471 of IPC and they have been
sentenced to undergo R.I. for 3 years u/s 120 B r/w 420 of IPC and
fine of Rs. 10,000/- and in default of fine, further SI for 2 months,
further, they were directed to undergo R.I. for 5 years u/s 120 B r/w
section 467 of IPC and fine of Rs. 25,000/- and in default of fine,
further SI for two months, further, they were directed to undergo R.I.
for 3 years u/s 120 B r/w 468 of IPC and fine of Rs. 10,000/- and in
default of fine further S.I. for 2 months, further, they were directed to
undergo R.I. for 3 years u/s 120 r/w 471 of IPC and fine of Rs.
10,000/- and in default of fine, further S.I. for 2 months.
Learned counsel for the defence has further submitted that this
appellant is employee in the Railway posted at Bokaro and entire
alleged fraudulent acts were taken place in Palamau at Daltonganj and
therefore, his involvement in the commission of offence is not
substantiated.
It has further been submitted that this appellant has already
remained in jail about more than one year including the pre conviction
period and post conviction period.
Further it has been pointed out that the learned court below has
failed to consider the appellant was charged for committing forgery by
fraudulently and dishonestly by cancelling 20 tickets on the basis of
the fake tickets and resultantly the genuine tickets holders became the
victim of such forgery and cheating and as such there was a loss of Rs.
1.35 lakhs to Indian railway on account of this fraudulent transaction.
Further it has been pointed out that approver Rajesh Kr. Singh
who has been examined on behalf of the prosecution as P.W. 12 upon
whose statement he was convicted and guilt of the accused appellant
was proved and has totally uncorroborated the charges leveled against
this appellant and further the I.O. in this case was having personal
relationship with the approver and the telephonic conversation of the
IO with the approver Rajesh kr. Singh has been totally ignored by the
learned court below while passing the impugned judgment of
conviction ad order of sentence.
Learned court below has failed to take into consideration that
the fake tickets were never produced by the IO in this case and the
same has been brought by the approver Rajesh Kr. Singh showing that
the same was cancelled by the approver Rajesh Kumar Singh and not
by appellant and the conviction and guilt of the appellant is based on
his deposition which is not tenable in the eyes of law. It has also been
pointed out on behalf of appellant that this appeal is not likely to be
heard in near future.
On the other hand, learned counsel appearing for the C.B.I.
opposed the contentions raised on behalf of the appellant and
submitted that the appellant does not deserve to be enlarged on bail
during the pendency of this appeal.
Having taken into consideration the aforesaid persuasive
submission advanced on behalf of the appellant, let the appellant be
enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees
Twenty Five Thousands only) with two sureties of the like amount
each, to the satisfaction of learned Additional Judicial Commissioner
XVIII-cum- Spl. Judge C.B.I., Ranchi in R.C. Case No. 07[A]/2015-R
subject to the condition that he will deposit the fine amount of the
respective counts as awarded by the learned court below and the
learned counsel appearing for the appellant is directed to deposit the
money receipt of the fine amount.
Accordingly, I.A. No. 11488 of 2022 gets disposed of.
Cr. Appeal (SJ) No.687 of 2022
Let this Criminal Appeal be heard along with the Criminal
Appeal (SJ) No.734 of 2022.
Let original Lower Court Records be called for.
Let it be posted under the heading "For Hearing" in its seriatim
after the receipt of the LCR.
(Navneet Kumar, J.)
R.S./-
