Jharkhand High CourtRam Nandan Singh vs State Of Jharkhand Thr.Cbi on 14 October, 2009Author:R. R. PrasadBench:R.R.PrasadIn the High Court of Jharkhand at Ranchi

                   W.P.(Cr.) No.361 of 2009

            Ram Nandan Singh .......................Petitioner

                   VERSUS

            State of Jharkhand through CBI... Respondent

            CORAM:HON'BLE MR.JUSTICE R.R.PRASAD

            For the Petitioner: M/s. Praveen Kumar and Shekhar Sinha
            For the CBI        : Mr. Rajesh Kumar

3.   14.10.09Heard learned counsel appearing for the petitioner and

            learned counsel appearing for the CBI.This application is directed against the order dated

            18.8.2009 passed in R.C. no.3A of 2001 (supp.) by Special Judge-V,

            CBI (AHD) Ranchi whereby prayer made on behalf of the petitioner

            for release of a sum of Rs.4,84,554.20 in his favour which had

            been deposited by the petitioner at the time of grant of bail at the

            initial stage was rejected.It appears that when the petitioner moved for bail, before

            the Special Judge, CBI, Ranchi on 8.10.2002, submission was made

            on behalf of the petitioner that he would not be pressing bail on its

            merit, rather he would seek grant of bail on the ground that he is

            ready to deposit the amount to the extent of Rs.4,84,554.20 which

            has been alleged to have been defalcated by the petitioner and any

            such deposit would be subject to final decision of the case. On

            considering the said submission, the petitioner was admitted to bail

            on the condition of depositing a sum of Rs.4,84,554.20 . It appears

            that on deposit of the said amount, the petitioner was admitted to

            bail. However, the petitioner, in course of trial, was found guilty for

            the offences alleged and was awarded maximum sentence for four

            years for one of the offences and that apart, the petitioner was also

            sentenced a fine to pay Rs.2,10,000/- .-2-Being aggrieved with the said order, the petitioner preferred

      Cr.App.(S.J) No.1378 of 2006 wherein         the appellant has been

      admitted to bail on 14.9.2007.Before that, an application was filed before the Special

      Judge, CBI, Ranchi whereby prayer was made to release the said

      amount of Rs. 4,84,554.20, which was deposited at the time of

      grant of bail, as the petitioner had already been convicted but that

      prayer was refused and being aggrieved with that order, this

      application has been filed.Learned counsel appearing for the petitioner submits that

      though the petitioner is entitled to get the entire money deposited

      released in his favour but presently he would confine his prayer to

      release a sum of Rs.2,74,554.20 which comes out after the fine

      amount of Rs.2,10,000/- is deducted from the amount of

      Rs.4,84,554.20 which had been deposited by the petitioner.Learned counsel further submits that such concession made

      on behalf of the petitioner may not be prejudicial to the right of the

      parties.The said submission, in the facts and circumstances of the

      case, not only appears to be just and proper but it gives no scope

      to the learned counsel appearing for the C.B.I to take any

      objection.Thus, the petitioner is entitled to have a sum of

      Rs.2,74,554.20 and, therefore, the court below is directed to

      release the aforesaid amount in favour of the petitioner.With the aforesaid direction, this application is disposed of.( R. R. Prasad, J.)

ND/