Onkar Prasad Gupta vs Union Of India

Heard Mrs. J. Mazumdar, learned counsel appearing on behalf of the appellant

Heard Mr. Rajiv Nandan Prasad, learned counsel appearing on behalf of the Central Bureau of Investigation.

This appeal has been filed for the following relief:

“This criminal appeal is directed against the judgment of conviction and the order of sentence dated 28.11.2019 passed by learned

Additional Judicial Commissioner â€" XVIII â€" cum â€" Special Judge, C.B.I (other than AHD), Ranchi in R.C. Case No.15(A)/2009,

whereby and whereunder, the learned trial court has been pleased to convict the appellant for charge u/s 420, 468, 471/120B of the Indian

Penal Code as also under Section 13(2) Prevention of Corruption Act, 1988 and has been pleased to sentence the present appellant to R.I.

for 2 years and to pay a fine of Rs.20,000/- u/s 420/120B of I.P.C and in default of payment of fine the convict has to undergo further 3

months R.I. The appellant has been further sentenced to undergo R.I. for 3 years and to pay a fine of Rs.40,000/- u/s 468/120B of I.P.C.

and in default of payment of fine the convict has to undergo further 6 months R.I. The appellant has been further sentenced to undergo R.I.

for 3 years and to pay a fine of Rs.40,000/- u/s 471/120B of I.P.C and in default of payment of fine the convict has to undergo further 6

months R.I. The appellant has been further sentenced to undergo R.I. for 3 years and to pay a fine of Rs.20,000/- u/s 13(2) Prevention of

Corruption Act, 1988 and in default of payment of fine the convict has to undergo further 3 months R.I.â€​

Learned counsel for the appellant at the outset submits that she does not want to press I.A. No.11693 of 2019.

Accordingly, I.A. No.11693 of 2019 is dismissed as not pressed.

Learned counsel for the appellant further submits that all the defects except defect no. (i), have been removed. She submits that defect no. (i) is

regarding the name of the deponent of the affidavit of the main petition as well as in I.A. No.11362 of 2019. She further submits that the correct name

of the deponent of the affidavit is Satish Kumar Gupta and not Santosh Kumar Gupta, for which, she refers to the photocopy of the Aadhar Card filed

along with the petition and also supplementary affidavit dated 18.12.2019. The learned counsel submits that the name of the deponent in the affidavit

of the main petition be permitted to be corrected as Satish Kumar Gupta instead of Santosh Kumar Gupta.

The learned counsel for the opposite party has no serious objection to the prayer made.

Accordingly, the learned counsel for the appellant is permitted to make necessary corrections in the affidavits by deleting the name of Santosh

Kumar Gupta and inserting the name of Satish Kumar Gupta.

I.A. No.11362 of 2019

The learned counsel for the appellant submits that this petition has been filed for confirmation of provisional bail granted to the appellant by the

learned court below on 28.11.2019, which is expiring on 27.12.2019. The learned counsel for the appellant further submits that identically placed co-

accused namely Surendra Prasad, has also been granted provisional bail by the learned court below, which has been confirmed by this Court in

Criminal Appeal (S.J.) No.1168 of 2019.

The learned counsel for the opposite party has no serious objection to the prayer made for confirmation of the provisional bail. However, he

submits that the appellant may be directed to deposit the fine amount and also provide a photocopy of his Aadhar Card before the learned court below

for further reference.

After hearing the learned counsel for the parties, this Court finds that the learned court below has granted provisional bail to the appellant vide

order dated 28.11.2019 which is expiring on 27.12.2019. Admittedly, as submitted by the learned counsel for the appellant, provisional bail granted by

the learned court below to the co-accused namely Surendra Prasad, has already been confirmed by this Court. Considering the aforesaid aspects of

the matter, the provisional bail of the appellant, which has been granted by the learned court below, is hereby confirmed subject to the following

conditions:

i) The appellant would deposit the fine amount before the learned court below latest by 15th January, 2020.

ii) The appellant would submit Xerox copy of his Aadhar card and phone number before the court below, which he will not change during the

pendency of this appeal without permission of the Court.

Accordingly, I.A. No.11362 of 2019 stands allowed.

Cr. Appeal (S.J.) No.1183 of 2019

It is submitted that there are no remaining defects in this case to be cured and accordingly, this appeal may be admitted for final hearing.

Admit.

Office is directed to call for the lower court’s records.

List this appeal along with Cr. Appeal (S.J.) No.1168 of 2019 on 10th February, 2020.

Let this order be communicated to the learned court below through FAX.