Jharkhand High Court
Shyam Nandan Singh vs Union Of India Through Cbi on 9 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 602 of 2023
Shyam Nandan 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 : Mr. Shekhar Sinha, 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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I.A. No. 8318 of 2023.
03/ 09.10.2023 Heard Mr. Shekhar Sinha, learned counsel appearing for the
appellant and Mr. Anil Kumar, learned A.S.G.I. appearing on behalf of
the C.B.I.
2 I.A. No. 8318 of 2023 has been filed for suspension of
sentence of the appellant namely Shyam Nandan Singh and release him
on bail, during the pendency of this appeal.
3. 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 and
sentenced to undergo R.I. for four years with fine of Rs. 5,00,000/- and
for Sections 420, 467, 468, 471 of the Indian Penal Code, a common
sentence for all IPC Sections has been imposed as R.I. for four years and
fine of Rs. 50,000/- and in default of payment of fine, further SI for six
months in each Section has been imposed. All these sentences were
directed to run concurrently and the period undergone shall be set off
has been ordered.
4. Learned counsel appearing for the appellant submits that
the appellant has been sentenced to undergo R.I. for four years,
however, the appellant has remained in custody only for one year and
three months and he has not completed the half of the awarded sentence.
He submits that the appellant is seeking the suspension of sentence on
the ground that the appellant is aged about 70 years and suffering from
several ailments, i.e. acute breathing difficulty and lungs congestion and
he has not been able to move without any help and also the appellant is
under treatment and admitted in the jail hospital.
5. Mr. Anil Kumar, learned A.S.G.I. appearing for the CBI
submits that the case against the appellant has been discussed in Para-89
of the judgment. He submits that the evidences are there to suggest that
the appellant was involved in the said scam and that's why the learned
trial court has rightly passed the order. He further submits that the
appellant has also not completed half of the sentence, however, he is not
disputing the disclosure made with regard to the ailment of the appellant
in the aforesaid I.A.
6. In view of the above submissions of learned counsel for the
parties and considering the age and ailments of the appellant, which is
being supported by the prescriptions annexed with the aforesaid I.A.,
which is of the repute hospital of the City as well as considering the
disclosure made in the I.A. that the appellant is now admitted in the jail
hospital for his treatment, I am inclined to suspend the sentence of the
appellant by enlarging him on bail. Accordingly, the appellant, named
above, be released on bail, during the pendency of this appeal, on
furnishing bail bonds of Rs. 50,000/- (Rupees Fifty Thousand) with two
sureties of the like amount each, to the satisfaction of Learned
Additional Judicial Commissioner-VII-cum-Special Judge CBI-II
(AHD), Ranchi, in connection with R.C. Case No. 48(A)/1996, subject
to deposit of the 20% of the fine amount, considering the ailment of the
appellant, 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
bailers shall not change their address or mobile numbers without
permission of the learned Trial Court.
7. I.A. No. 8318 of 2023 is allowed in the above terms and
disposed of accordingly.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
