Jharkhand High Court
Kuldip Verma vs The Union Of India Through C.B.I on 22 November, 2024
Author: Navneet Kumar
Bench: Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No.607 of 2022
Kuldip Verma, aged about 52 years, son of Dwarika Sao, resident of
Bajrangbali Chowk, Noora, Hazaribag, P.O. Hazaribag, P.S. Sadar, District-
Hazaribagh, Jharkhand. ... ... Appellant
Versus
The Union of India through C.B.I. ... ... Respondent
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CORAM : HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : Mr. Abhishek Kumar, Advocate
For the Resp-C.B.I. : Mr. Anil Kumar, Addl. S.G.I.
Ms. Chandana Kumari, Advocate
Mr. Kumar Supnil, JC to ASGI
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nd
Order No. 10 / Dated 22 November, 2024
IA No.11577 of 2024
Heard Mr. Abhishek Kumar, the learned counsel for the appellant and
Mr. Anil Kumar, the learned Additional Solicitor General of India appearing
on behalf of C.B.I.
2. The instant interlocutory application has been filed on behalf of the
appellant with a prayer to confirm the provisional bail granted to the
appellant on earlier occasion vide order dated 26.07.2024. It has been
submitted on behalf of the appellant that appellant has been convicted by the
learned trial Court vide the judgment of conviction dated 26.07.2022 and the
order of sentence dated 28.07.2022 passed by learned AJC-XVIII-cum-
Special Judge, C.B.I., Ranchi in R.C. Case No.01(S)/2010-AHD-R, under
Section 120(B) r/w Section 420, 467, 468 and 471 of IPC.
3. At the outset, it has been submitted that co-convicts namely, Sunil
Mittal in Cr. Appeal (SJ) No.599 of 2022 vide order dated 03.10.2024 has
been granted bail while other co-convicts, namely, Ram Tahal Mahto (Cr.
Appeal (SJ) No. 629 of 2022), Ajay Kumar (Cr. Appeal (SJ) No.691 of
2022), Mahadeo Prasad Mehta and Prayag Prasad Mehta (Cr. Appeal (SJ)
No.667 of 2022) have been granted provisional bail vide order dated
10.10.2023 which was confirmed later on vide order dated 03.10.2024 by the
co-ordinate Bench of this Court which is annexed as Annexure 6 series along
with the instant IA.
4. Further, it has been pointed out that as per the charges levelled against
the accused persons is that all the partners of M/s Bajrang Cold Storage,
namely, co-convicts-Ram Tahal Mahto, Mahadeo Prasad Mehta, Prayag
Prasad Mehta & Ajay Kumar had entered into a criminal conspiracy along
with the bank official of Allahabad Bank, Main Branch, Hazaribag including
the co-convicts-Sunil Mittal and created forge and fabricated documents of
collateral security in order to procure the loan of Rs.2,65,65,000/- for
establishing the said cold storage, namely M/s Bajrang Cold Storage and this
appellant is said to be a middle man in procuring the alleged loan amount
and also in the creation of forged and fabricated documents.
5. In view of such charges, it has been submitted that on the principle of
parity this appellant is also entitled to be enlarged on bail since all the co-
convicts namely, Ram Tahal Mahto in Cr. Appeal (SJ) No.629 of 2022 vide
order dated 10.10.2023, Mahadeo Prasad Mehta, Prayag Prasad Mehta in Cr.
Appeal (SJ) No.667 of 2022 vide order dated 10.10.2023 and Ajay Kumar in
Cr. Appeal (SJ) No.691 of 2022 vide order dated 10.10.2023 have been
enlarged on bail by the coordinate Bench of this Court. Further, it has also
been submitted that the case of this appellant stands on the better footing in
view of the fact that he is only said to be a middle-man and he has not
involved in the actual commission of the offence which is said to have been
conspired by the partners of the said cold storage and the bank officials.
6. Further, it has also been submitted that the maximum sentence
awarded to the appellant is five years out of which he has remained in the
custody for 23 months and 9 days.
7. Further, it has also been pointed out that on earlier occasion, the
prayer to suspend the order of sentence of the appellant was rejected by this
Court vide order dated 28.03.2023 against which the appellant had preferred
the S.L.P (Criminal) No.5689 of 2023 before the Hon'ble Supreme Court of
India which was dismissed as withdrawn on 13.10.2023 with a liberty to
approach this Court for bail on medical ground and on certain other
developments.
8. It has further been pointed out that this appellant was enlarged on bail
2 Cr. Appeal (S.J.) No.607 of 2022
provisionally vide order dated 26.04.2024 which was extended subsequently
vide order dated 26.07.2024. Further, it has also been submitted on behalf of
the appellant that at present the appellant is getting treatment at AIIMS,
Patna as advised by the doctors for his spinal injury and he has been
suffering persistently the symptoms of Degenerative changes in the vertebral
body and the ailments is very serious and medical prescriptions / certificates
have also been Annexed along with IA as Annexure-5 series.
9. In view of the aforesaid developments including the enlargement of
bail of the co-convicts and also the physical ailments of the appellant, it is
prayed on behalf of the appellant to confirm the provisional bail granted by
this Court on earlier occasion vide order dated 26.04.2024 which was
extended vide order dated 26.07.2024.
10. On the other hand, Mr. Anil Kumar, the learned Additional S.G.I. the
Senior Counsel did not controvert this fact that the co-convicts namely,
Sunil Mittal, Ram Tahal Mahto, Mahadeo Prasad Mehta, Prayag Prasad
Mehta and Ajay Kumar have been enlarged on bail by suspending the order
of sentence and the case of the appellant is on the similar footing.
11. Having heard the learned counsels for the parties, perused the record
of this case.
12. In view of the persuasive submissions advanced on behalf learned
counsel appearing on behalf of the appellant, the provisional bail granted to
the appellant vide order dated 26.04.2024 is hereby confirmed.
13. Accordingly, I.A. No.11577 of 2024 stands allowed.
(Navneet Kumar, J.)
S. Das
3 Cr. Appeal (S.J.) No.607 of 2022
