Jharkhand High Court
Mithilesh Kumar Singh vs The Union Of India Through Cbi on 27 March, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.172 of 2023
Mithilesh Kumar Singh ..... Appellant
Versus
The Union of India through CBI .... Respondent
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : Mr. Girish Mohan Singh, Advocate
For the State : Mr. Parth S.A. Swaroop Pati, Sr. S.P.P.
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2/27.03.2023 Heard learned counsel appearing on behalf of appellant and learned
counsel appearing on behalf of the State.
Learned counsel appearing on behalf of the appellant submitted that
one IA No. 2895 of 2023 has been filed on behalf of the appellant praying
therein to confirm the provisional bail granted to the appellant by the
learned court below in this case, which has been preferred against judgment
of conviction and order of sentenced dated 27.02.2023 passed by the Court
of learned Additional Judicial Commissioner-XVIII cum Special Judge, CBI,
Ranchi, in connection with R.C Case No. 11(A)/ 2006-AHD-R, whereby and
where under learned Special Judge, CBI, Ranchi has convicted the appellant
for the offence punishable under sections 420/120B, 120B/467, 120B/468,
120B/471, 120B/477-A of I.P.C, and awarded sentence to him to undergo
Rigorous Imprisonment for 3 years and fine of Rs.2000/- under Section
420/120B of IPC and in default of payment of fine further to undergo
simple imprisonment of two months, and the learned court has further
awarded sentence to undergo Rigorous Imprisonment for 3 years and fine
of Rs.2000/- under Section 120B/467 of IPC and in default of payment of
fine, further the convict will have to undergo simple imprisonment for two
months, the learned court has further awarded sentence to undergo
Rigorous Imprisonment for 3 years and fine of Rs. 2000/- under Section 120-
B/468 of IPC and in default of payment of fine further directed to undergo
simple imprisonment of two months, the learned court has further awarded
Rigorous Imprisonment for 3 years and fine of Rs.2000/- under Section
120B/471 of IPC and in default of payment of fine further directed to
undergo simple imprisonment of two months, and the learned court has
further awarded Rigorous Imprisonment for 3 years and fine of Rs.2000/-
under Section 477-A of IPC and in default of payment of fine the, accused
appellant further directed to undergo simple imprisonment of two months.
It has further been directed that the sentences of imprisonment shall run
concurrently and the period already undergone by the convict during the
trial and investigation if any, shall be set off. The amount already deposited
by the convict at the time of bail etc., shall not be adjusted in the fine
amount imposed as above and shall be forfeited in favour of the state.
It has been pointed out by learned counsel appearing on behalf of the
appellant that after passing the judgment of conviction and order of
sentence, the appellant was enlarged on provisional bail vide order dated
27.02.2023 by the learned court below for a period of 30 days and therefore
it is urged on behalf of the appellant that the provisional bail granted to the
appellant Mithilesh Kumar Singh be confirmed.
On the other hand, learned senior S.P.P. CBI submitted that the entire
fine amount awarded by the learned court below be directed to be
deposited by the appellant while confirming the provisional bail to the
appellant.
Having heard the parties, perused the record of this case.
Having taken into consideration the aforesaid submission, the
provisional bail granted to the appellant is hereby confirmed, subject to the
condition that the appellant will deposit a sum of ₹50,000/- out of the total
fine amount as imposed by the learned court below without being prejudice
to his right of defence.
The appellant is on provisional bail and therefore two months' time is
granted to the appellant to deposit the entire fine amount in the learned
court below and after deposit the same, money receipt be submitted before
this court.
Let the scanned copy of the lower court record be called for from the
court below concerned and put up this case after one month.
(Navneet Kumar, J.)
R.Kumar
