Jharkhand High Court
Dr. Anjani Kumar Sinha @ Anjani Kumar ... vs The State Of Jharkhand Through Anti ... on 4 October, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (S.J.) No. 505 of 2024
Dr. Anjani Kumar Sinha @ Anjani Kumar Sinha,
aged about 77 years, son of Late Brajesh Kumar
Sinha, Resident of Village Bhaluhipur, Ara, P.O.
Ara, P.S. Ara Sadar, District Ara, State Bihar.
At present residing at Flat No. 203, Nutan
Apartment, Jai Prakash Nagar, Booty Road, P.O.
Ranchi, P.S. Sadar (Ranchi), District-Ranchi, State
Jharkhand.
..... ... Appellant
Versus
The State of Jharkhand through Anti Corruption
Bureau (Vigilance)
..... ... Respondent
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Appellant : Mr. R.S. Mazumdar, Sr. Advocate.
: Mr. Nishant Roy, Advocate.
For the State : Ms. Nehala Sharmin, Spl.P.P.
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I.A. No. 8395 of 2024.
04/ 04.10.2024 Heard learned senior counsel appearing for the appellant
and the learned Spl.P.P. for the State.
2. This appeal is already admitted and Lower Court Records
are available on record.
3. The aforesaid I.A. has been filed for suspension of the
sentence and release the appellant on bail, during the pendency of this
appeal.
4. Learned senior counsel appearing for the appellant submits
that the appellant has been convicted by the judgment dated 27.07.2024
and sentenced by order dated 31.07.2024 by the learned Special Judge,
Anti Corruption Bureau, Ranchi, in Ranchi Vigilance No. 16 of 2006
arising out of Vigilance P.S. Case No. 14 of 2006. He submits that the
appellant has been sentenced to undergo R.I. for maximum five years
for the offence under Section 7 of the Prevention of Corruption Act
with fine of Rs. 5,000/-. He further submits that other sentences are also
there in different Sections, however, it has been ordered that all the
sentences shall concurrently.
5. Learned senior counsel appearing for the appellant submits
that the appellant is 77 years old and he is suffering from abdomen
cancer and to buttress his argument, he refers to the documents issued
by the Tata Memorial Hospital, Mumbai. He submits that the appellant
has remained in custody for more than five months and the maximum
sentence is five years. He further submits that it is alleged that
Rs. 1,000/- was recovered from the office of the appellant.
6. Learned Spl.P.P. appearing for the State has opposed the
prayer for bail on the ground that the appellant has not completed his
half of the sentence.
7. Considering that the appellant is aged about 77 years and he
is suffering from abdomen cancer and the same has been found
supported by the documents issued by the Tata Memorial Hospital,
Mumbai and further the appellant is remained in custody for more than
five months and only allegation is made that from the office of the
appellant, Rs. 1,000/- has been recovered, I am inclined to grant bail to
the appellant. Accordingly, the above named appellant is directed to be
released on bail, during the pendency of the appeal on furnishing bail
bond of Rs. 25,000/- (twenty five thousand) with two sureties of the
like amount each, to the satisfaction of the learned Special Judge, Anti
Corruption Bureau, Ranchi, in Ranchi Vigilance No. 16 of 2006 arising
out of Vigilance P.S. Case No. 14 of 2006.
8. The aforesaid I.A. is allowed and disposed of.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
