MANGALA NAND JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) As common question of law is involved in all these appeals, on account thereof, are being disposed of by a common order.

(2.) Criminal Appeal (S.J.) No.1300 of 2017 arises out of Special Case No.8 of 2011, R. C. Case No.26A of 1990 wherein appellant, Mangala Nand Jha has been sentenced for an offence punishable under Section 120B read with Section 420, 468, 471, 477A of I.P.C. and sentenced to undergo rigorous imprisonment for five years as well as fine of Rs.10,000/- and in default thereof, to undergo simple imprisonment for six months, under Section 420 I.P.C. sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.10,000/- and in default thereof, to undergo simple imprisonment for six months, under Section 468 I.P.C. sentenced to undergo rigorous imprisonment for five years as well as to pay fine of Rs.10,000/- and in default thereof, to undergo S.I. for six months, under Sections 468 and 471 I.P.C. sentenced to rigorous imprisonment for five years and to pay fine of Rs.10,000/- and in default thereof, to undergo S.I. for six months, for an offence under Section 477A I.P.C. sentenced to undergo R.I. for five years and to pay fine of Rs.10,000/- and in default thereof, to undergo S.I. for six months, for an offence under Section 13(2) read with Section 13(1)(d) of the P.C. Act, 1988 sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.10,000/- and in default thereof, to undergo simple imprisonment for six months with a further direction to run the sentences concurrently, Criminal Appeal (S.J.) 1410 of 2017, which arises out of R. C. Case No.27A of 1990, Special Case No.94 of 2011 wherein appellant, Mangala Nand Jha has been convicted for an offence punishable under Section 120B read with Section 420, 467, 468, 477A of I.P.C. and sentenced to undergo rigorous imprisonment for five years as well as fine of Rs. 10,000/- and in default thereof, to undergo simple imprisonment for six months, under Section 420 I.P.C. sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.10,000/- and in default thereof, to undergo simple imprisonment for six months, under Section 467 I.P.C. sentenced to undergo rigorous imprisonment for five years as well as to pay fine of Rs.10,000/- and in default thereof, to undergo S.I. for six months, under Section 468 I.P.C. sentenced to rigorous imprisonment for five years and to pay fine of Rs.10,000/- and in default thereof, to undergo S.I. for six months, for an offence under Section 477A I.P.C. sentenced to undergo R.I. for five years and to pay fine of Rs.10,000/- and in default thereof, to undergo S.I. for six months, under Section 13(2) read with Section 13(1)(d) of the P.C. Act, 1988 sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.10,000/- and in default thereof, to undergo simple imprisonment for six months with a further direction to run the sentences concurrently, Cr. Appeal (S.J.) No.1025 of 2017, which arises out of Special Case No.5 of 2011, R. C. Case No.25A of 1993 wherein appellant, Arvind Kumar Singh has been sentenced for an offence punishable under Section 120B read with Section 420, 477A of I.P.C. and Section 13(1)(d) read with Section 13(2) of P.C. Act, 1988 and sentenced to undergo rigorous imprisonment for five years as well as fine of Rs.10,000/- and in default thereof, to undergo simple imprisonment for six months, under Section 420 I.P.C. sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.10,000/- and in default thereof, to undergo simple imprisonment for six months, under Section 477A I.P.C. sentenced to undergo rigorous imprisonment for five years as well as to pay fine of Rs.10,000/- and in default thereof, to undergo S.I. for six months, for an offence under Section 13(2) read with Section 13(1)(d) of the P.C. Act, 1988 sentenced to undergo R.I. for five years and to pay fine of Rs.1,72,000/- with simple interest at the rate of 6% per annum from the date of registration of the case till the date of the realization of amount of fine of Rs.1,72,000/-. All the sentences shall run currently, Cr. Appeal (S.J.) No.1185 of 2017, which arises out of Special Case No.71 of 2011, R. C. Case No.40A of 1988, wherein appellant, Sakaldeep Kumar Paswan has been convicted and sentenced for R.I. of three years and to pay fine of Rs.4,000/- and in default thereof, to undergo S.I. for six months for an offence under Section 120B read with Section 420, 420/ 511, 471 read with Section 468 of I.P.C. as well as under Sections 5(2) r/w 5(1)(d) of the P.C. Act, 1947 corresponding to Section 13(2) r/w Section 13(1)(d) of the P. C. Act, 1988, for an offence punishable under Section 420 I.P.C. sentenced to undergo R.I. for three years and to pay fine of Rs.4,000/- and in default thereof, to undergo S.I. for six months, for an offence punishable under Section 468 I.P.C. sentenced to undergo R.I. for five years and to pay fine of Rs.5,000/- and in default thereof, to undergo S.I. for six months, for an offence punishable under Section 477A of the I.P.C. sentenced to undergo R.I. for five years and to pay fine of Rs.5,000/- and in default thereof, to undergo S.I. for six months, for an offence punishable under Section 5(1)(d) read with Section 5(2) of the P.C. Act, 1947, corresponding to Section 13(1)(d) read with Section 13(2) of the P. C. Act, 1988 sentenced to undergo five years with fine of Rs.5,000/- and in default thereof, to undergo six months S.I. All the sentences shall run currently, Cr. Appeal (S.J.) No.1197 of 2017, which arises out of Special Case No.39 of 2011, R.C. Case No.4 of 1990, wherein appellant, Binay Kumar has been convicted and sentenced for an offence punishable under Section 120B read with Section 419, 420, 467, 471 of I.P.C., for an offence under Section 120B read with 467 I.P.C. sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.50,000/- and in default thereof, to undergo simple imprisonment for six months, under Section 120B read with Section 420 I.P.C. sentenced to undergo rigorous imprisonment for five years and a fine of Rs.25,000/- and in default thereof, to undergo S.I. for three months, for the offence under Section 120B read with Section 419 I.P.C. sentenced to undergo R.I. for two years as well as under Section 120B read with Section 471 I.P.C. to undergo R.I. for three years and to pay fine of Rs.20,000/- and in default thereof, to undergo S.I. for three months. All the sentences shall run concurrently, Cr. Appeal (S. J.) No.1304 of 2017, which arises out of Special Case No.39 of 2011, R.C. Case No.04 of 1990 wherein appellant, Jai Narain Singh has been convicted and sentenced for an offence punishable under Section 120B read with Section 419, 420, 467, 471 of I.P.C. and sentenced to undergo rigorous imprisonment for five years as well as fine of Rs.50,000/- and in default thereof, to undergo simple imprisonment for six months, under Section 120B read with 420 I.P.C. sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.25,000/- and in default thereof, to undergo simple imprisonment for three months, under Section 120B read with Section 419 I.P.C. sentenced to undergo rigorous imprisonment for two years and for the offence under Section 120B read with Section 471 I.P.C. sentenced to undergo R.I. for three years as well as to pay fine of Rs.20,000/- and in default thereof, to undergo S.I. for three months. All the sentences shall run concurrently, Cr. Appeal (S.J.) No.1182 of 2017, which arises out of Special Case No.39 of 2011, R. C. Case No.4 of 1990, wherein appellant, Dinesh Singh has been convicted and sentenced for an offence punishable under Section 120B read with Section 419, 420, 467, 471 of I.P.C. For an offence under Section 120B r/w Section 467 I.P.C. sentenced to undergo rigorous imprisonment for five years as well as fine of Rs.50,000/- and in default thereof, to undergo simple imprisonment for six months, under Section 120B read with 420 I.P.C. sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.25,000/- and in default thereof, to undergo simple imprisonment for three months, under Section 120B read with Section 419 I.P.C. sentenced to undergo rigorous imprisonment for two years and for the offence under Section 120B read with Section 471 I.P.C. sentenced to undergo R.I. for three years as well as to pay fine of Rs.20,000/- and in default thereof, to undergo S.I. for three months. All the sentences shall run currently, Cr. Appeal (S.J.) No.936 of 2017, which arises out of Special Case No.46 of 2011, R.C. Case No.39(A) of 1988 wherein appellant, Madhusudan Jha has been convicted and sentenced for an offence punishable under Section 120B read with Section 420, 467, 468, 471, r/w 467 and 477A of I.P.C. and sentenced to undergo rigorous imprisonment for five years as well as to pay fine of Rs.10,000/- and in default thereof, to undergo simple imprisonment for six months under each of the provisions, under Section 5(2) r/w 5(1)(d) of P.C. Act, 1947, corresponding to Section 13(2) r/w Section 13(1)(d) of the P.C. Act, 1988 and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.60,700/- along with simple interest of 6% per annum from the date of registration of this case with a further direction to run the sentences concurrently, have already been admitted.

(3.) Appellant of respective appeal being under custody have moved their prayer for bail after suspending the sentence till pendency of these appeals in terms of Section 389(1) of the Cr.P.C.