Parmeshwar Kumar Hembram @ P.K. Hembram vs Union of India

This appeal has been filed for setting aside the judgment of conviction and sentence dated 12th December, 2019 passed by learned Additional Sessions Judge-IV-Cum-Special Judge, C.B.I., Dhanbad in R.C. Case No. 06(A)/2007-R in which the appellant has been convicted under Section 120-B of the Indian Penal Code read with Section 13(1) (d) of the Prevention of Corruption Act 1988 and the appellant has been sentenced R.I. for three (03) years and fine of Rs. 50,000/- under Section 13(2) read with Section 13(1) (d) of the P.C. Act and in default of payment of fine further sentenced S.I. for six (06) months, R.I. Three (03) years and fine of Rs. 10,000/- under Section 420 IPC and in default of payment of fine further Two (02) months, S.I., R.I. Three (03) years and fine of Rs. 10,000/- under Section 468 Indian Penal Code and in default of payment of fine further S.I. for Two (02) months and R.I. Two (02) years and fine of Rs. 10,000/- under Section 471 IPC and in default of fine further S.I. for Two (02) months 6 month R.I. under Section 120 B of the Indian Penal Code.

I.A. No. 669 of 2020

Learned counsel for the appellant files I.A. No. 669 of 2020 today in the present case which is taken on record.

Learned counsel further submits that the appellant has been granted provisional bail by the learned court below till 28.01.2020 vide order dated 13.01.2020 which has been filed before this court by way of supplementary affidavit dated 20.01.2020. He submits that the provisional bail may be confirmed.

Learned counsel submits that one I.A. No. 100 of 2020 was filed with a prayer for bail but learned counsel for the appellant submits that he does not want to press that I.A. as the prayer is being made for the purposes of confirmation of provisional bail.

Learned counsel appearing on behalf of the CBI has no serious objection in connection with the prayer made by the petitioner. He submits that the fine amount imposed by the learned court below be directed to be deposited by the appellant.

After hearing the learned counsel for the parties and after considering the facts and circumstances of this case, the provisional bail by the learned court below vide order dated 13.01.2020 was extended till 28.01.2020. Considering the facts and circumstances of this case and the arguments advanced on behalf of the parties, the provisional bail granted to the appellant is hereby confirmed subject to the following conditions :-

(i) The appellant shall deposit the fine amount before the learned court below latest by 28.02.2020. If the fine amount is not deposited by 28.02.2020, the learned court below is directed to cancel the bail bond of the appellant.

(ii) The appellant will submit attested copy of his Aadhar Card and also give his mobile number before the learned court below which he will not change during the pendency of this appeal without permission of this Court.

Accordingly, I.A. No. 669 of 2020 stands disposed of.

I.A. No. 100 of 2020 is dismissed as not pressed.

Cr. Appeal (S.J.) No. 03 of 2020

The learned counsel for the appellant submits that there are no remaining defects to be cured in the present appeal and the present appeal be admitted for final hearing and the lower court records be called for.

Admit.

Call for the lower court records of R.C. Case No. 06(A)/2007-R from the court of learned Additional Sessions Judge-IV-Cum-Special Judge, C.B.I., Dhanbad.

Post this case on 17.03.2020.

Let this order be communicated to the court concerned through FAX.