Badri Sahani vs Union Of India

Heard learned counsel for the parties.

This criminal appeal has been preferred for setting aside the judgment of conviction and sentence dated 17.12.2019, whereby Learned Additional

Judicial Commissioner-XVIII Cum Special Judge C.B.I (Other than AHD) Ranchi convicted the appellant in R.C. Case No. 03(A)/2008(D) under

Sections 420, 468, 471/120B of the Indian Penal Code and sentenced the appellant for R.I of 3 years (three years) and fine of Rs. 20,000/-for offence

under Section 420 r/w 120B and in default of payment of fine, the appellant was further directed to serve the R.I. of three (03) months. For offence

under Sections 468 read with 120B, the appellant was sentenced to R.I. of 3 years (three years) and fine of Rs. 20,000, in default of payment of fine

he was directed to serve the R.I. of three (03) months. Further, for offence under sections 471 read with 120B, the appellant was sentenced to R.I. of

2 years (two years) and fine of Rs. 20,000 and in default of payment of fine further directed to serve the R.I. of three (03) months. The learned court

below also observed that the sentence shall run concurrently. The present case is now said to be pending in the court of Learned Additional Judicial

Commissioner-XVIII Cum Special Judge C.B.I (Other than AHD) Ranchi after granting provisional bail upto 16.01.2020 for execution of sentence.

I.A. No. 102 of 2020

Learned counsel for the appellant Mr. Raj Kumar Sahay submits that the appellant in the present case has been convicted under Section 420 read

with Section 120B of Indian Penal Code for a period of three years and a fine amount of Rs. 20,000/- has been directed to be deposited. The learned

counsel submits that the learned court below has granted provisional bail to the appellant vide order dated 17.12.2019 till 16.01.2020 and he has filed

this interlocutory application for confirmation of the provisional bail of the appellant.

Learned counsel for the appellant further submits that the learned court below has not properly considered the agreement entered into between the

parties i.e. Exhibit 10 and he also submits that the entire allegation flows out of violation of alleged agreement.

Learned counsel appearing on behalf of the opposite party- C.B.I., on the other hand, has no serious objection to the confirmation of provisional bail

granted to the appellant by the learned court below, but she submits that fine amount may be directed to be deposited.

Considering the facts and circumstances of this case and the grounds which have been raised by the appellant in the present appeal, the provisional

bail granted to the appellant by the learned court below vide order dated 17.12.2019 in connection with R.C. Case No. 03(A)/2008(D) is hereby

confirmed, subject to the condition that the appellant would deposit the entire fine amount before the learned court below by 31.01.2020 with a further

condition that the appellant would submit a self-attested copy of Aadhar Card before the learned court below and also furnish his mobile number,

which he will not change during pendency of this appeal without prior permission of this Court.

I.A. No. 102 of 2020 is hereby disposed of.

Cr. Appeal (S.J.) No. 07 of 2020

After hearing the learned counsel for the parties and considering the fact that there are no remaining defects to be cured, this appeal is hereby

admitted.

Call for the Lower Court Records in connection with R.C. Case No. 03(A)/2008(D) from the court of learned Additional Judicial Commissioner-

XVIII Cum Special Judge C.B.I (Other than AHD) Ranchi.

Put up this case on 17.03.2020 under appropriate heading awaiting Lower Court Records.

Let a copy of this order be communicated to the learned court below through ‘FAX’.