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Judgment
29 paragraphs · 509 wordsHeard Mr. Ajit Kumar, learned counsel appearing on behalf of the appellant.
Heard Mr. T. N. Verma, learned counsel appearing on behalf of the opposite party-A.C.B.
This appeal has been filed for the following reliefs: -
“That this appeal is directed against a judgment of conviction and order of sentence both dated 10th January 2020 passed by Sri Ajay
Kumar Singh, learned District & Additional Sessions Judge-II-cum-Special Judge, A.C.B., Dhanbad in Special (Vigilance) Case No. 28 of
2013 whereby the appellant has been convicted under Section 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act,
1988 and has been sentenced to undergo R.I. for 2 years with fine of Rs. 10,000/- and in default to undergo S.I. for 2 months and R.I. for 3
years with fine of Rs. 15,000/- and in default to undergo S.I. for 3 months under Section 13(2) read with Section 13(1)(d) of the Prevention
of Corruption Act, 1988 respectively.â€
I.A. No. 1153 of 2020
Learned counsel for the appellant submits that one interlocutory application being I.A. No. 1153 of 2020 has been filed for confirmation of
provisional bail which has been granted by the learned court below vide order dated 10.01.2020 in Spl. (Vigilance) Case No. 28/2013 and the period of
provisional bail is yet to expire. The learned 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 10.01.2020 which is yet to expire. Considering the
submissions made, I.A. No. 1153 of 2020, is hereby allowed and the provisional bail of the appellant which has been granted by the learned court
below vide order dated 10.01.2020, 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 her Aadhar Card along with her Mobile Number which she shall not change during the
pendency of this case.
Cr. Appeal (S.J.) No. 101 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’.
