Mithilesh Kumar Choudhary And Ors vs Union Of India

Heard learned counsels appearing on behalf of the appellant(s). It is submitted that all the three appeals arise out of the common judgment of

conviction.

These appeals are directed against the judgment and conviction dated 13.11.2019 and sentence dated 13.11.2019 passed by learned Special Judge

C.B.I (other than AHD) Ranchi in RC Case No. 07(A)/2004(R), whereby and whereunder the appellants were convicted under Section 120B,

420,468, 471 of the I.P.C. as well as 13(2) r/w Section 13(1)(d) of the Prevention of Corruption act, 1988. It was directed by the learned court below

that the accused persons shall serve the sentence to undergo imprisonment R.I. for 3 years and fine Rs. 10,000/- in default, R.I. for 6 months each

under Section 120B, 420 and 468 of the I.P.C., R.I. for 2 years and fine of Rs. 5,000/- and in default, R.I. for 3 months under Section 471 I.P.C. and

further sentence to R.I. for 3 years and fine of Rs. 10,000/- and in default, R.I for 6 months under Section 13(2) r/w 13(1)(d) of the P.C. Act. The

appellants have prayed in these appeals to set aside the judgment of conviction and sentence as well as acquit them for charges levelled against them.

I.A. No. 11236 of 2019

I.A. No. 11276 of 2019

I.A. No. 11011 of 2019

Counsels for the appellants submit that these interlocutory applications have been filed for suspension of sentence dated 13.11.2019 passed by the

learned Special Judge C.B.I. (Other than AHD) Ranchi in RC Case No. 7(A)/2004(R) and for confirmation of provisional bail granted by the learned

court below vide order dated 13.11.2019 for a period of one month. They further submit that the main appeal may be admitted, the Lower Court’s

Records may be called for and provisional bail be confirmed.

Counsel for the C.B.I. has no serious objection to the prayer made by the counsels for the appellants.

Accordingly, these interlocutory applications being I.A. No. 11236 of 2019, I.A. No. 11276 of 2019 and I.A. No. 11011 of 2019 are hereby allowed

and the provisional bail granted to the appellants by the learned court below vide order dated 13.11.2019 in connection with RC Case No.

7(A)/2004(R) is hereby confirmed, subject to the condition that the appellants will deposit the fine amount with a further condition that the appellants

will submit attested copy of their Aadhar card and their phone number before the learned court below, which they will not change during the pendency

of these appeals without prior permission of this Court.

Cr. Appeal (S.J.) No. 1174 of 2019

Cr. Appeal (S.J.) No. 1178 of 2019

Cr. Appeal (S.J.) No. 1158 of 2019

Admit.

Call for the Lower Court’s Records of RC Case No. 7(A)/2004(R) from the court of learned Special Judge C.B.I (other than AHD) Ranchi.

Put up these cases on 04.02.2020 under appropriate heading.

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