Arun Kumar Verma vs The Union Of India Through Cbi
2023 Latest Caselaw 3956 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Appeal (SJ) No. 669 of 2023
            Arun Kumar Verma                                        ... Appellant
                                       -Versus-
            The Union of India through CBI                          ... Respondent
                                           -----

            CORAM:        HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                                           -----
            For the Appellant        : Mr. Krishna Murari, 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. 9542 of 2023

4. The said I.A. has been filed for suspension of sentence during the

pendency of this appeal against the judgment of conviction dated

28.08.2023 and order of sentence dated 01.09.2023 passed in RC Case

No.48(A)/96 Pat, by the learned Additional Judicial Commissioner-VII-cum-

Special Judge-II, CBI (AHD Scam Cases), Ranchi.

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

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

Code and he has been sentenced to undergo R.I. for four years and fine of

Rs.9 Lakhs. Further, a common sentence for Section 420, 467, 468 and 471

of the Indian Penal Code and R.I. of four years and fine of Rs.1,00,000/-

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 remained in custody for a considerable period of one year four

months and six days in the connected case no. RC-48(A)/96 as per the

chart annexed as Annexure- IA/1 of the said I.A. He further submits that

the appellant is admitted in jail hospital of Birsa Munda Jail, Hotwar, Ranchi

and his health condition is precarious and he is in medical support since

considerable period. He refers to the documents annexed to the said I.A,

which are medical reports. He further submits that the appellant is suffering

from sinus tachycardia with frequent premature ventricular complexes,

Nonspecific ST abnormality etc. He also submits that all of a sudden the

appellant become unconscious due to the said ailment. He further submits

that identical sentence was there to the appellant in RC-66(A)/96 and

considering that the Hon'ble Supreme Court in that case has suspended the

sentence of the appellant vide order dated 12.05.2008 in Special Leave to

Appeal (Criminal) No.2092/2008, contained in Annexure- IA/2 of the said

I.A.

7. Per contra, 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

77 of the judgment. He further submits that the appellant has not

completed half of the sentence and leniency is not required, however, he

does not dispute medical documents annexed with the said I.A.

8. In view of the above facts and considering the medical reports which

are of reputed clinics of Ranchi city and also considering that the appellant

is admitted in jail hospital and further considering earlier his sentence was

suspended by the Hon'ble Supreme Court in identical situation in Special

Leave to Appeal (Criminal) No.2092/2008, vide order dated 12.05.2008, I

am inclined to suspend the sentence awarded to the appellant. Accordingly,

the sentence awarded to the appellant vide order dated 01.09.2023 passed

in RC Case No.48(A)/96 Pat by the learned Additional Judicial

Commissioner-cum-Special Judge-II, CBI (AHD Scam Cases), Ranchi is

suspended, during pendency of this appeal, subject to deposit of 20% of

the fine amount before the learned Court, considering the ailment of the

appellant, if he is 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.9542 of 2023 is disposed of.

(Sanjay Kumar Dwivedi, J.) Ajay/