Jharkhand High Court
Sanjay Kumar vs Union Of India Through S.P. on 18 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 719 of 2023
Sanjay Kumar ..... Appellant
Versus
Union of India through S.P., C.B.I. (AHD scam), Ranchi
...... Respondent
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CORAM: HONBLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Appellant(s) :- Mr. Saurabh Shekhar, Advocate
Mr. Anurag Kumar, Advocate
For the C.B.I :- Mr. Anil Kumar, A.S.G.I.
Ms. Chandana Kumari, A.C. to A.S.G.I
Mr. Nitish Parth Sarthi, A.C. to A.S.G.I.
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I.A. No. 9073 of 2023
03/18.10.2023 This appeal was already admitted on 06.10.2023.
2. Heard Mr. Saurabh Shekhar, learned counsel for the
appellant and Mr. Anil Kumar, learned A.S.G.I., appearing for the
C.B.I.
3. This interlocutory application has been filed for
suspension of sentence of the appellant and release him on bail,
during the pendency of this appeal.
4. Learned counsel appearing for the appellant submits
that by judgment dated 28.08.2023 the appellant is convicted
along with others in connection with R.C. Case No. 48(A)/1996 for
the offences under Section 120B read with Sections 409, 420, 467,
468, 471 and 477-A of the Indian Penal Code, further convicted
under Sections 420, 467, 468 and 471 of the Indian Penal Code
and later on 01.09.2023 sentenced the appellant under Section
120-B read with Sections 409, 420, 467, 468, 471 and 477-A of the
Indian Penal Code R.I. for four years with fine of Rs. 5,00,000/-.
Further under Sections 420, 467, 468 and 471 of the Indian Penal
Code a common sentence for all IPC Sections R.I. for four years
with fine of Rs. 20,000/- and further ordered that in default of
payment of fine, further SI for six months in each Section. All these
sentences were directed to run concurrently and the period
undergone shall be set off has been ordered.
5. Learned counsel for the appellant submits that
the appellant has already served more than half of the custody of
the sentence period of 4 years. He submits that the details of
custody period is given in para 25 of the I.A. He submits that in this
case the appellant has already served more than half custody of
sentence period of 4 years, which is more than 2 years and 2
months and 9 days and to buttress his argument he refers to para
25 of the said I.A.
6. Mr. Anil Kumar, learned A.S.G.I. appearing on behalf of
the C.B.I. submits that the case of the appellant has been
considered in para 43 and 69 of the judgment. He submits that on
the basis of evidences on record the sentence has been awarded to
the appellant. He submits that leniency is not required. However,
he disputes the period of custody of the appellant in view of that
he submits that at this stage sentence may not be suspended.
7. In view of the above and considering that even if the
argument of the learned A.S.G.I. is accepted that counting the
production warrant the appellant has completed half of the
sentence, it appears that the Co-ordinate Bench of this Court has
passed identical order even counting the production warrant in
Criminal Appeal (SJ) No. 737 of 2018 dated 27.07.2018 and Criminal
Appeal (SJ) No. 130 of 2022 dated 13.05.2022, I am inclined to
suspend the sentence of the appellant by enlarging him on bail.
Accordingly, the appellant be released on bail, during the pendency
of this appeal, on furnishing bail bonds of Rs. 25,000/- (Rupees
Twenty Five Thousand) with two sureties of the like amount each,
to the satisfaction of Learned Additional Judicial Commissioner-VII-
cum-Special Judge, CBI-II (AHD), Ranchi in connection with R.C.
Case No. 48(A)/1996, subject to deposit of 20% 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.
8. The aforesaid interlocutory application is disposed of.
( Sanjay Kumar Dwivedi, J)
Satyarthi/-
