Ram Narayan Bhagat vs State Of Jharkhand

Heard Mr. A. K. Kashyap, learned senior counsel appearing on behalf of the appellant along with Ms. Rakhi Rani, Advocate.

Heard Ms. Vandana Bharti, learned counsel appearing on behalf of the State-A.C.B.

This appeal has been filed for the following reliefs: -

“That the instant appeal arises out of the judgment of conviction and order of sentence dated 18.1.2020, passed by Sri Ajay Kumar

Singh, the learned District & Additional Session Judge II-cum-Special Judge, Anti Corruption Bureau, Cyber Cases and Electricity Act,

Dhanbad In Special (Vigilance) Case No.16/09 CNR No. JHDH01-001422-2009 ;whereby and whereunder the appellant has been

convicted and sentenced u/s 7 of the Prevention of Corruption Act, 1988 to undergo Rigorous Imprisonment for two years and also with fine

of Rs. 10,000/-and in default of payment of fine, to further undergo Simple Imprisonment of two months, and u/s 13(2) r/w 13(1)(d) of the

Prevention of Corruption Act, 1988 to undergo Rigorous Imprisonment for three years and to pay a fine of Rs. 15,000/- and in default of

payment of fine, to further undergo Simple Imprisonment of three months, however, both the sentences have been ordered to run

concurrently.â€​

I.A. No. 1147 of 2020

Learned senior counsel for the appellant submits that one interlocutory application being I.A. No. 1147 of 2020 has been filed for confirmation of

provisional bail which has been granted by the learned court below vide order dated 18.01.2020 in Spl. (Vigilance) Case No. 16/2009 and the period of

provisional bail is yet to expire. The learned senior counsel further submits that there are no remaining defects to be cured in the present appeal and

considering the grounds raised by the appellant, this appeal may be admitted and the Lower Court Records may be called for.

Learned counsel appearing on behalf of the State-A.C.B. has no serious objection to the prayer made for confirmation of provisional bail of the

appellant. However, she submits that the appellant should be directed to deposit fine amount within stipulated time.

After hearing the counsel for the parties, this Court finds that as per Office note, there are no remaining defects to be cured. This Court further

finds that the appellant was granted provisional bail by the learned court below vide order dated 18.01.2020 which is yet to expire. Considering the

submissions made, I.A. No. 1147 of 2020, is hereby allowed and the provisional bail of the appellant which has been granted by the learned court

below vide order dated 18.01.2020, is hereby confirmed subject to the following conditions: -

(i) The appellant will deposit the fine amount which has been imposed by the learned court below by 31.03.2020. If the fine amount is not deposited by

31.03.2020, the learned court below shall immediately cancel the bail bond of the appellant.

(ii) The appellant would deposit a self-attested copy of his Aadhar Card along with his Mobile Number which he shall not change during the pendency

of this case.

Cr. Appeal (S.J.) No. 98 of 2020

Admit.

Office is directed to call for the Lower Court Records from the court concerned.

Post this case on 07.04.2020 under appropriate heading.

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