Jharkhand High Court
Mahadeo Prasad Mehta vs The Union Of India Through Cbi on 10 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 667 of 2022
1. Mahadeo Prasad Mehta
2. Prayag Prasad Mehta ... ... Appellants
Versus
The Union of India through CBI ... ... Respondent
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CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellants : Mr. Vijay Kumar Roy, Advocate
For the Respondent : Mr. Anil Kumar, ASGI
For the Bank : Mr. P.A.S. Pati, Advocate
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04 /10.10.2023
IA No. 9313 of 2023
When the case is called out, Mr. Vijay Kumar Roy, the learned
counsel for the appellants, Mr. Anil Kumar, learned, ASGI for the
respondent and Mr. P.A.S. Pati, the learned counsel for the Bank have
appeared.
The learned counsel for the appellants has submitted that
pursuant to the last order dated 03.10.2023 passed in Cr. Appeal (SJ) No.
629 of 2022 with other analogous cases, the present IA No. 9313 of 2023
has been filed for grant of provisional bail. He has further submitted that the
allegations pertaining to these appellants also arises from the same
FIR( R.C. 01(S)/2010-AHD-R, corresponds to FIR No. R.C. 01 (S)/2010-
AHD-R, SPE/CBI/AHD) and the amount that is due to the bank ( Indian
Bank) is the same amount ( Rs. 85.00 Lakh) which has been referred to in
the order passed in IA No. 9270 of 2023 in Cr.Appeal (SJ) No.629 of 2022.
The order passed by this Court today in I.A. No. 9270 of 2023
in Cr. Appeal (SJ) No. 629 of 2022 is as under:
"IA No. 9270 of 2023
When the case is called out, Mr. Rahul Pandey, the learned
counsel for the appellant, Mr. Anil Kumar, learned, ASGI for the
respondent and Mr. P.A.S. Pati, the learned counsel for the Bank have
appeared.
By way of I.A. No. 9270 of 2023, the appellant named above prays
for grant of provisional bail during the pendency of instant Appeal which
has been directed against the judgment dated 26.07.2022 and order of
sentence dated 28.07.2022 passed in R.C. 01(S)/2010-AHD-R,
corresponds to FIR No. R.C. 01 (S)/2010-AHD-R, SPE/CBI/AHD passed
by the learned court of learned AJC-XVIII-cum- Spl. Judge, C.B.I., at
Ranchi
The appellant has also moved for suspension of sentence and now
thereafter he is moving for provisional bail by way of I.A. No. 9270 of
2023.
The learned counsel for the appellant has pointed out Annexure-B
which he has indicated as compromise settlement or OTS in which he was
directed to deposit as under:
1. The entire compromise sum will be paid in the following manner
a. Rs. 15.00 Lacs already deposited in " No Lien A/c"
stands adjusted
b. The balance amount of Rs. 85.00 Lacs will be paid in by
December 2023 as per the repayment schedule-
Rs 15.00 Lakh By August 2023
Rs 15.00 Lakh By September 2023
Rs 15.00 Lakh By By October 2023
Rs. 20.00 Lakh By November 2023
Rs. 20.00 Lakh By December 2023
It is further pointed out that there was failure to adhere to the aforesaid
terms but now the counsel for the appellant has submitted that he is willing to
pay the entire money of Rs. 85.00 Lakh by the end of December, moreover by
the end of October, 2023 he is willing to pay Rs. 45.00 Lakh and then the
remaining amount of Rs. 40.00 Lakh will be paid in the two installments, the
first installment of Rs. 20.00 Lakh will be paid by the end of November, 2023
and the second installment of Rs. 20.00 Lakh will be paid by the end of
December, 2023.
The learned ASGI as well as the learned counsel for the Bank have put the
objection and also submitted that normally it would be considered the OTS
settlement has been broken when they had not paid the amount and therefore
there needs to be revival of terms and conditions or interest that is to be paid
even if they agreed to pay by 30th October, 2023. The bank will be at liberty
to process the dues that remained to be paid, in future.
In view of the submissions made today and also the contents of the I.A. No.
9270 of 2023, I am inclined to enlarge the appellant, above named, on
provisional bail till 04.01.2024, on furnishing bail bond of Rs. 25,000/-
( Rupees Twenty Five Thousand Only) with two sureties of the like amount
each to the satisfaction of learned AJC-XVIII-cum- Spl. Judge, C.B.I., at
Ranchi in connection with R.C. 01(S)/2010-AHD-R, corresponds to FIR No.
R.C. 01 (S)/2010-AHD-R, SPE/CBI/AHD.
Accordingly, IA No. 9270 of 2023 stands disposed of.
Put up this case on 29.11.2023."
The learned counsel for the appellants says that he is also
willing to abide by the same terms and conditions as indicated above in the
schedule of the OTS payment, which has been directed by the Court today.
Accordingly, I am inclined to enlarge the appellants, above named, on
provisional bail till 04.01.2024, on furnishing bail bond of Rs. 25,000/-
( Rupees Twenty Five Thousand Only)each with two sureties of the like
amount each to the satisfaction of learned AJC-XVIII-cum- Spl. Judge,
C.B.I., at Ranchi in connection with R.C. 01(S)/2010-AHD-R, corresponds
to FIR No. R.C. 01 (S)/2010-AHD-R, SPE/CBI/AHD.
Accordingly, I.A. No. 9313 of 2023 stands disposed of.
Put up this case on 29.11.2023.
(Ratnaker Bhengra, J.)
Sharda/
