Surendra Prasad vs Union Of India

Heard Mr. Abhishek Kumar, counsel appearing on behalf of the appellant.

Heard Mr. Rajiv Nandan Prasad, counsel appearing on behalf of the opposite party-CBI.

This appeal has been filed against the judgment of conviction and order of sentence dated 28.11.2019 passed by learned A.J.C. XVIII, cum Spl.

Judge CBI (other than AHD) Ranchi in R.C. Case No. 17(A)/2009, whereby the learned court below convicted the appellant under Section 420/120B

of the Indian Penal Code, under Section 468/120B of the Indian Penal Code, under Section 471/120B of the Indian Penal Code and under Section

13(2) of the Prevention of Corruption Act, 1988 and awarded sentence for 2 years R.I. under Section 420/120B of Indian Penal Code and a fine of

Rs. 20,000/- (Rupees Twenty thousand) only and in default thereof to undergo 3(three) months R.I. under Section 468/120B of Indian Penal Code and

a fine of Rs. 40,000/-(Rupees Forty thousand) only and in default thereof to undergo 6(six) months R.I. for 3 years R.I. under Section 471/120B of

Indian Penal Code and a fine of Rs. 40,000/- (Rupees Forty thousand) and in default thereof to undergo 6(six) months R.I. and 3 years R.I. under

Section 13(2) of Prevention of Corruption Act, 1988 and a fine of Rs. 20,000/-(Rupees Twenty thousand) only and in default thereof to undergo

3(three) months R.I. however all the sentences has been directed to run concurrently.

I.A. No. 11208 of 2019

I.A. No. 11208 of 2019 has been filed for confirmation of provisional bail granted to the appellant by the learned court below vide order dated

28.11.2019. Learned counsel for the appellant submits that the provisional bail has been granted till 27.12.2019 and the provisional bail may be

confirmed. He further submits that the appellant has been convicted for maximum period of three years and all the sentences have been directed to

run concurrently. Counsel for the appellant further submits that there are apparent contradictions in the evidence led before the learned trial court

which is required to be appreciated by this court. Accordingly, the provisional bail of the appellant may be confirmed, the appeal may be admitted and

the Lower Courts Records may be called for.

Counsel appearing on behalf of the opposite party has no serious objection so far as confirmation of the provisional bail to the appellant is

concerned. However, he submits that the appellant may be directed to deposit the fie amount before the learned court below.

After hearing counsel for the parties and considering the facts and circumstances of this case and the averments made in the interlocutory

application, I.A. No. 11208 of 2019 is hereby allowed and the provisional bail granted to the appellant vide order dated 28.11.2019 by the learned

A.J.C. XVIII cum Spl. Judge CBI (other than AHD) Ranchi in connection with R.C. Case No. 17(A)/2009 is hereby confirmed subject to the

following conditions:-

(i) The appellant shall deposit the fine amount before the learned court below latest by 06.01.2020.

(ii) The appellant will submit his self-attested copy of the Aadhar Card and his phone number before the learned court below, which he will not change

during the pendency of this appeal without prior permission of the Court.

Cr. Appeal (S.J.) No. 1166 of 2019

Admit.

Call for the lower Court Records in connection with R.C. Case No. 17(A)/2009 from the court concerned.

Post this case on 10.02.2020 under appropriate heading.

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