Rajesh Mehra vs The Union Of India Through Cbi
2023 Latest Caselaw 3822 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Appeal (SJ) No. 605 of 2023
            Rajesh Mehra                                                ... Appellant
                                       -Versus-
            The Union of India through CBI, (AHD), Ranchi           ... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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            For the Appellant        : Mr. Kripa Shankar Nanda, Advocate
            For the CBI              : Mr. Anil Kumar, A.S.G.I.
                                       Ms. Chandana Kumari, A.C. to A.S.G.I.
                                            -----

04/09.10.2023    Admit.

            2.    Call for the Lower Court Records.

3. Issue Notice. Mr. Anil Kumar, learned A.S.G.I. appearing for the CBI

waives notice on behalf of the CBI.

I.A. No. 8981 of 2023

4. The said I.A. has been filed for confirmation of provisional bail

granted to the appellant vide order dated 28.08.2023 for a period of 60

days during pendency of the present appeal.

5. The appellant has been convicted for charge under Section 120(B)

read with Section 409, 420, 467, 468, 471 and 477A of the Indian Penal

Code by the learned Special Judge, C.B.I.-II, (A.H.D.), Ranchi in R.C. Case

No.48(A)/1996 vide judgment of conviction and order of sentence dated

28.08.2023 and he has been sentenced to R.I. for three years and fine of

Rs.90,000/-. Further, a common sentence for Section 420, 467, 468, 471 of

the Indian Penal Code and R.I. of three years and fine of Rs.10,000/- has

been imposed and all the sentences have been directed to run concurrently

and in default of payment of fine, he has been further directed to undergo

S.I. for six months separately for each set off offences.

6. Learned counsel appearing for the appellant submits that the

appellant has already furnished his bail bonds etc. to the satisfaction of the

learned Court and he has been released on provisional bail by the learned

Court for 60 days. He further submits that the appellant is looking after his

cases since last 27 years and now become very poor hence he is unable to

deposit the fine amount. He also submits that the appellant is aged about

57 years and he has no source of income.

7. Mr. Anil Kumar, learned A.S.G.I. appearing for the CBI submits that

the case of the appellant has been discussed in para-43 of the judgment

and the allegations have been found to be established. However, learned

counsel for the CBI does not dispute that the appellant has been imposed

maximum sentence of three years and granted provisional bail.

8. Having considered the submission of the learned counsel for the

appellant and CBI and in the facts and circumstances noted above, the

provisional bail granted to the appellant vide order dated 28.08.2023

passed by the learned 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.

9. Accordingly, I.A. No.8981 of 2023 is disposed of.

(Sanjay Kumar Dwivedi, J.) Ajay/