Raghbir Singh vs Union Of Jharkhand

This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for confirmation of the provisional bail of the petitioner as granted by the court below, during the pendency of the appeal.

The appellant has been convicted for the offence under Section 420 read with Section 120B of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment of three years and to pay a fine of Rs.1,00,000/-, in default thereof, to suffer R.I of eight months, by the court of learned A.J.C.-XVII -cum- Special Judge CBI (Other than AHD), Ranchi, vide judgment dated 29.02.2020 in R.C. Case No.03(A)/2008(R).

Learned counsel for the appellant submits that the provisional bail of co-accused namely, Sachhidanand Jha, Pradip Kumar and Nagendra Prasad Singh, have been confirmed in Cr. Appeal (S.J.) Nos.261 of 2020 and 275 of 2020, and the case of the appellant stands on similar footing.

Learned counsel appearing on behalf of the C.B.I has opposed, but has not controverted the submissions advanced by the learned counsel for the appellant.

Heard. Considering, the fact, that the provisional bail of the co-accused has been confirmed and the case of the petitioner/ appellant stands on similar footing, accordingly the provisional bail granted to the appellant vide order dated 29.02.2020 in R.C. Case No.03(A)/2008(R) is, hereby, confirmed, subject to the condition that the appellant shall deposit the fine amount of Rs.1,00,000/- (Rupees one lakh), in the court below.

The appellant shall remain present before the Court, when the appeal is taken up for hearing, failing which his bail shall be cancelled.

I.A. No.2970 of 2020 stands disposed off.

Cr. Appeal (S.J.) No.260 of 2020

This appeal shall be heard.

Admit.

Learned counsel for the appellant submits that lower court record has been received in Cr. Appeal (S.J.) No.261 of 2020.

Office to list the present appeal along with Cr. Appeal (S.J.) No.261 of 2020, under the appropriate heading, in seriatim, as per age.