Vinay Kapoor vs Union Of India Through Cbi
2023 Latest Caselaw 3951 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Appeal (SJ) No. 709 of 2023
            Vinay Kapoor                                           ... 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. Kaushik Sarkhel, Advocate
            For the CBI             : Mr. Anil Kumar, A.S.G.I.
                                      Mr. Nitish Parth Sarthi, A.C. to A.S.G.I.
                                           -----

03/13.10.2023    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. 9124 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.20,000/-. Further, a common sentence for Section 420, 467, 468 and

471 of the Indian Penal Code and R.I. of three years and fine

of Rs.20,000/- 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

impugned judgment is totally based on non evidence and as such there is a

every chance that the appellant may be acquitted from this Court. He

further submits that the the appellant has already deposited the amount of

Rs.1,81,000/- as defalcated amount during trial as a condition for bail.

7. 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 65 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 the condition that 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. There is no need of deposition of fine amount as the appellant has

already deposited amount of Rs.1,81,000/- before the learned Court during

trial as a condition for bail, as submitted by the learned counsel for the

appellant.

10. Accordingly, I.A. No.9124 of 2023 is disposed of.

(Sanjay Kumar Dwivedi, J.) Ajay/