Dinesh Kumar Sinha Vs.
State of Jharkhand Tr.C.B.I. [2009] INSC 1084 (15 May 2009)
Judgment
IN THE SUPREME COURT
OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1076 OF 2009
(Arising out of SLP (Crl) NO. 8761 OF 2008) Dinesh Kumar Sinha
..............Petitioners Versus State of Jharkhand through CBI
..............Respondent
H.L. Dattu,J.
1.
Leave
granted.
2.
The
appellant is convicted under sections 409, 420, 467, 468, 471/465 and 477A read
with Section 120(b) of the Indian Penal Code as also under Section 13(2) read
with section 13(1)(c)(d) of the Prevention of Corruption Act by the learned
Special Judge, CBI, Ranchi and has ordered the accused to undergo imprisonment
for a period of four years.
3.
Against
the impugned judgment of conviction and sentence passed, appellant has filed an
appeal before the High Court. The appellant along with the appeal has also made
an application for suspension of sentence and grant of bail. The High Court has
rejected the prayer. However has observed, that the appellant may renew his
prayer for bail after serving half of the sentence.
4.
It
is submitted that the appellant has already undergone nearly two years of his
sentence and also there is no possibility of early hearing of the appeal in the
High Court, therefore it is requested that the appellant may be released on
bail.
5.
The
learned counsel for the respondent opposes the request made by the learned
counsel for the appellant.
6.
Since
the appellant has undergone almost two years of imprisonment as awarded by the
Trial Court and also taking into account the fact that the appeal may not heard
in the near future, we are of the opinion that in the peculiar facts and
circumstances of this case, the applicant/appellant should be released on bail.
Accordingly, we grant interim bail to the appellant, subject to the appellant
furnishing the bail bond as well as surety to the satisfaction of the Special
Judge, CBI, Ranchi.
7.
The
appeal is disposed of accordingly.
.......................................J.
[TARUN CHATTERJEE]
.......................................J. [ H.L. DATTU ]
New
Delhi,
May
15, 2009.
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