Vishwanath Ram vs The State Of Jharkhand Through
2023 Latest Caselaw 512 Jhar

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               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (SJ) No.876 of 2022

         Vishwanath Ram                                    .....   Appellant
                                  Versus
         The State of Jharkhand through
         Anti- Corruption Bureau (Vigilance)               ....      Opp. Parties

               CORAM:        HON'BLE MR. JUSTICE NAVNEET KUMAR

         For the Appellant                 :          Mr. R.S. Mazumdar, Sr. Advocate
                                                      Mr. Vikas Kumar, Advocate
                                                      Mr. Nishant Kr. Roy, Advocate
         For the State                   :            Mrs. Priya Shrestha, Spl. P.P.
                                    -----

3/31.01.2023 Heard learned Sr. counsel Mr. R.S. Mazumdar appearing on behalf of the appellant and learned Spl. P.P. Mrs. Priya Shrestha, appearing on behalf of the State.

It has been submitted on behalf of the appellant that one I.A. No.11741 of 2022 has been filed with a prayer to enlarge the appellant on bail during pending of this appeal.

It has been pointed out that this appeal has been preferred against the judgment of conviction dated 08.12.2022 and order of sentence dated 09.12.2022 passed by learned Special Judge, Anti-Corruption Bureau, Ranchi in Vigilance (Special) Case No.7 of 2014, Vigilance P.S. Case No.06 of 2014, whereby and whereunder, the learned Trial Court convicted the appellant for charge u/s 7 and 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988 and has sentenced the present appellant to undergo rigorous imprisonment for a period of 04 (four) years and to pay fine of Rs. 65,000/- (Sixty Five Thousand) for the offence punishable u/s 7 of the Prevention of Corruption Act, 1988. In default of payment of fine, he shall further undergo rigorous imprisonment for 09 (nine) months. The appellant been further sentenced to undergo rigorous imprisonment for a period of 04 (four) years and to pay fine of 65,000/- (Sixty Five Thousand) for the offence punishable u/s 13(2) r/w section 13 (1) (d) of the Prevention of Corruption Act, 1988. In default of payment of fine, he shall further undergo rigorous imprisonment for 09 (nine) month. It has been further ordered that both the sentences shall concurrently and the period undergone in custody during trial by the convict shall be set-off.

Learned counsel appearing on behalf of the appellant submitted that the learned trial court has committed gross error in appreciation of the deposition of PW - 1 Parveen Kumar, who was the complainant of the present case It has been pointed out that when this witness PW - 1 had started speaking truth as evident from examination in chief, he has been declared hostile, when he categorically stated that it was Arvind Kujur, who had demanded a sum of Rs.40,000/- and did not utter a single word about this appellant Vishwnath Ram. It has further been substantiated from his deposition in the cross-examination conducted on behalf of the appellant vide para 13, 14 & 15 that this appellant had never demanded any bribe amount, nor bribe of Rs.40,000/- was given to him and therefore the charge that in a trap case, the appellant was caught red handed for accepting the bribe amount of Rs.40,000/- given by the complainant is totally demolished. Further it has also been pointed out that two seizure list witnesses examined as PW-2 and PW-3 have wholly negated the case of the prosecution and they have been declared hostile. Further, it has been pointed out that the appellant has remained in jail about eight months including the pre-conviction period and post-conviction period and this appeal is not likely to be heard in near future.

On the other hand, learned Spl. P.P. appearing on behalf of the Anti- Corruption Bureau opposed the contention raised on behalf of the appellant.

Having taken into consideration the persuasive submissions advanced on behalf of the learned senior counsel appearing on behalf of the appellant under the facts and circumstances of this case, this appellant Vishwanath Ram is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the court of learned Special Judge, ACB (Anti-Corruption Bureau), Ranchi, in Vigilance (Special) Case No.06 of 2014, subject to the conditions as laid down under Section 439 of Cr.P.C.

Accordingly, the I.A. No.11741 of 2022 gets disposed of.

(Navneet Kumar, J.) R.Kumar