Jharkhand High Court
Mahendra Kumar Singh vs Union Of India Through Cbi on 6 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 720 of 2023
Mahendra Kumar Singh ..... ... Appellant
Versus
Union of India through CBI ..... ... Respondent
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Appellant : Ms Moushmi Chatterjee, Advocate.
For the CBI : Mr. Anil Kumar,A.S.G.I.
: Ms Chandana Kumari, A.C. to A.S.G.I.
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02/ 06.10.2023 Admit.
2. Issue Notice.
3. Call for the Lower Court Records.
4. Mr. Anil Kumar, learned A.S.G.I. appearing for the CBI
waives notice on behalf of the CBI.
I.A. No. 9122 of 2023.
5. The sole appellant Mahendra Kumar Singh, by way of the
aforesaid I.A., prays for confirmation of provisional bail granted to him
for 60 days by order dated 28.08.2023, passed in R.C. Case No.
48(A)/1996 by the learned Additional Judicial Commissioner-VII-cum-
Special Judge, CBI-II (AHD), Ranchi.
6. Learned counsel appearing for the appellant submits that
the appellant is convicted along with others in connection with R.C. Case
No. 48(A)/1996 for the offences under Section 120-B read with Sections
409, 420, 467, 468, 471, 477-A of the Indian Penal Code with R.I. for
three years and fine of Rs. 1,00,000/- and under Sections 420, 467, 468,
471 of the Indian Penal Code a common sentence for all IPC Sections
R.I. for three years and fine of Rs. 10,000/- and in default of payment of
fine, further SI for six months in each Section. All these sentences were
directed to run concurrently and the period undergone shall be set off has
been ordered.
7. Learned counsel appearing for the appellant submits that
the appellant was an associate of M/s Deepar Kumar Singh (A-118),
Ranchi. She submits that the present appellant had admitted to have
signed some bills as Deepak Kumar Singh, who was managing the
affairs of the firm and bills were raised in the name of the firm, which
were submitted by him to DAHO, Ranchi. She further submits that the
prosecution has failed to prove the charge against the appellant. She
further submits that there was no evidence on record to prove that the
appellant had obtained any undue pecuniary benefit or has forged any
document or used any document which was forged as genuine, falsifying
the charges under Sections 468 and 471 of the IPC. She further submits
that there was no evidence on record to prove that the appellant has ever
induced any person or official of AHD to deliver any supply order or any
payment thereof to the appellant, and as such, falsifying the charge under
section 420 of the IPC..
8. Mr. Anil Kumar, learned A.S.G.I. appearing for the CBI
submits that the case of the appellant has been discussed in paras-43 and
68 of the judgment. He submits that the learned trial court has passed the
said judgment after looking into the evidence available on record and in
such type of cases, leniency is not required. However, he does not
dispute that the appellant has been imposed the maximum sentence of
three years and has been granted provisional bail.
9. In view of the above submissions of learned counsel for the
appellant, learned counsel for the CBI as well as further considering the
facts and circumstances discussed hereinabove, the provisional bail
granted to the appellant vide order dated 28.08.2023 passed by
Additional Judicial Commissioner-VII-cum-Special Judge, CBI-II
(AHD), Ranchi, in R.C Case No. 48(A)/1996, is confirmed, subject to
deposit of 50% of the fine amount before the learned 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 addresses or mobile
numbers without permission of the learned Trial Court.
10. The aforesaid I.A. stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
