Jharkhand High Court
Dr. Krishna Mohan Prasad vs Union Of India Through Cbi on 9 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 606 of 2023
Dr. Krishna Mohan Prasad ..... ... 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. Jitendra Shankar Singh. Advocate
: Mr. Abhishek Kumar, Advocate.
For the CBI : Mr. Prashant Pallav, D.S.G.I.
: Ms Shivani Jaluka, A.C. to D.S.G.I.
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I.A. No. 8393 of 2023.
03/ 09.10.2023 Heard Mr. Jitendra Shankar Singh, learned counsel
appearing for the appellant and Mr. Prashant Pallav, learned D.S.G.I.
appearing on behalf of the C.B.I.
2 I.A. No. 8393 of 2023 has been filed for suspension of
sentence of the appellant namely Dr. Krishna Mohan Prasad and release
him on bail, during the pendency of this appeal.
3. Learned counsel appearing for the appellant submits that
the appellant has been held guilty under Section 120B read with
Sections 409, 420, 467, 468, 471 and 477-A of the Indian Penal Code
and separately held guilty for offence under Sections 420, 467, 468 and
471 of the Indian Penal Code and under Section 13(2) read with
Sections 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act and
sentenced to undergo R.I. for four years with fine of Rs. 1,00,000/-. He
submits that a common sentence for the offence under Sections 420,
467, 468 and 471-A of the Indian Penal Code for four years with fine of
Rs. 1,00,000/- has been imposed upon the appellant. He further submits
that for the offence under Section 13(2) read with Sections 13(1)(c) and
13(1)(d) of the Prevention of Corruption Act, R.I. for four weeks with
fine of Rs. 3,00,000/- has been imposed upon the appellant. He further
submits that in default of payment, further S.I. for six months in each
section shall be imposed. He further submits that all the sentences were
directed to run concurrently and the period undergone shall be set off.
4. Learned counsel appearing for the appellant submits that
the appellant has been sentenced to undergo R.I. for four years and he
has already remained in custody for two years and nine months, i.e.
more than half of the sentence. He submits that the appellant is aged
about 83 years and also having some ailments, such as Parkinsons and
others and he is not in a position to move from one place to another
without any assistance.
5. Mr. Pallav, learned D.S.G.I. appearing for the CBI submits
that the case against the appellant has been well proved, which has been
discussed in para-33 of the judgment. He submits that the evidences are
there and in view of that the appellant has been convicted. He further
submits that the leniency is not required, however, he is not disputing
the period of custody, which has already been undergone by the
appellant and 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 of the appellant and the custody, which
has already undergone by the appellant and the same has not been
disputed by the learned counsel appearing for the CBI as well as the
ailment of the appellant, 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 Special
Judge-V, 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 age and 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. 8393 of 2023 is allowed in the above terms and
disposed of accordingly.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
