Sunil Kumar Sinha vs The Union Of India Through Central ...
2023 Latest Caselaw 3989 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Appeal (SJ) No. 714 of 2023
            Sunil Kumar Sinha                                       ... Appellant
                                       -Versus-
            The Union of India through Central Bureau of Investigation
                                                                 ... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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            For the Appellant        : Mr. Rahul Kumar, Advocate
            For the CBI              : Mr. Anil Kumar, A.S.G.I.
                                            -----

02/16.10.2023    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. 9053 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 two years and fine of

Rs.6,000/-. Further, a common sentence for Section 420, 467, 468 and 471

of the Indian Penal Code and R.I. of two years and fine of Rs.4,000/- 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 been sentenced to undergo R.I. for two years and he has

been granted provisional bail vide order dated 28.08.2023. He further

submits that the impugned judgment of conviction and sentence is bad in

law and thus the same is liable to be set aside by this Court. He further

submits that the impugned judgment is not based upon proper and

objective consideration and appreciation of the materials on record.

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-49 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 two 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.9053 of 2023 is disposed of.

(Sanjay Kumar Dwivedi, J.) Ajay/