Captain M. K. Singh @ Manoj Kumar Singh vs Union Of India

Heard the learned counsel for the parties.

This appeal is directed against the judgment of conviction and order of sentence dated 17.12.2019 pronounced by the learned Additional Judicial

Commissioner-XVIII-cum-Special Judge CBI (Other than AHD), Ranchi in R.C. Case No. 03(A)/2008(D), wherein the learned Judge had been

pleased to hold the appellant guilty of having committed offence under sections 420, 468, 471 read with Section 120B of the Indian Penal Code and

also under Section 13(2) of the Prevention of Corruption Act, 1988 and thereafter has been pleased to inflict imprisonment for the offence under

section 420 r/w section 120B of the Indian Penal Code to undergo imprisonment for 3 years R.I. with fine of Rs. 20,000/- and in default of payment of

fine to further undergo R.I. for 3 months, under Section 468 r/w section 120B of the Indian Penal Code to undergo imprisonment for 3 years R.I. with

fine of Rs. 20,000/- and in default of payment of fine to further undergo R.I. for 3 months, under Section 471 r/w section 120B of the Indian Penal

Code to undergo imprisonment for 2 years R.I. with fine of Rs. 20,000/-and in default of payment of fine to further undergo R.I. for 3 months and

under Section 13(2) of the Prevention of Corruption Act, 1988 to undergo imprisonment for 3 years R.I. with fine of Rs. 40,000/- and in default of

payment of fine to further undergo R.I. for 6 months. However, all the sentences have been ordered to run concurrently and the period already

undergone shall be set off against the sentences in terms of section 428 of the Code of Criminal Procedure.

I.A. No. 160 of 2020

Learned counsel for the appellant 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. 160 of 2020 is hereby disposed of.

Cr. Appeal (S.J.) No. 13 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.

Put up this case on 17.03.2020 under appropriate heading awaiting the Lower Court Records which have already been called for today in Cr.

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

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