Nand Kishore Agrawal @ Nand Kishor ... vs Union Of India Through Cbi
2023 Latest Caselaw 4046 Jhar

                                                    1              Cr. Appeal (SJ) No. 742 of 2023


                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Appeal (SJ) No. 742 of 2023
            Nand Kishore Agrawal @ Nand Kishor Agarwal              ... Appellant
                                       -Versus-
            Union of India through CBI                              ... Respondent
                                            -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----

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

02/18.10.2023    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. 9553 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.5000/-. 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.2,000/- 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.

2 Cr. Appeal (SJ) No. 742 of 2023

6. Learned counsel appearing for the appellant submits that the

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

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

further submits that the appellant has been sentenced for two years and

provisional bail has already been granted to the appellant vide order dated

28.08.2023 and in view of that, the provisional bail may kindly be

confirmed. He also submits that the allegations are of defalcation of

Rs.35,000/- and the appellant was directed to deposit the said amount

before this Court and thereafter he was enlarged on bail vide order dated

01.05.2002 in B.A. No.1270 of 2002. He submits that the said amount has

already been deposited by the appellant.

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 85 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 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.

3 Cr. Appeal (SJ) No. 742 of 2023

9. There is no need of deposition of fine amount as the appellant has

already deposited amount of Rs.35,000/- before this Court while granted

regular bail in B.A. No.1270 of 2002.

10. Accordingly, I.A. No.9553 of 2023 is disposed of.

(Sanjay Kumar Dwivedi, J.) Ajay/