SAJAL CHAKRABORTY Vs. STATE OF JHARKHAND THROUGH CBI

JUDGEMENT

(1.) The appellant/petitioner who at the relevant point of time was posted as the Deputy Commissioner, West Singhbhum at Chaibasa was put on trial along with other accused persons to face charges under Sections 409, 420, 467, 468, 471/465 and 477A read with Section 120B of the Indian Penal Code and also under Sections 409, 420, 467, 468, 471/465 and 477A simplicitor as well as under Section 13(2) read with Section 13(1)(c)(d) of the Prevention of Corruption Act on the allegation that the appellant/petitioner having nexus with other accused facilitated them to draw the Government money fraudulently to the extent of Rs.38,94,29,433/- from the Treasury and in lieu of that he received a Laptop as reward.

(2.) The trial court did not find the charges to be proved under Sections 409,420, 467, 468, 471/465 and 477A simplicitor, but found the appellant guilty for the offence under Sections 120(B) read with Sections 409, 420, 467, 468, 471/465 and 477A and also under Section 13(2) read with Section 13(1)(c)(d) of the Prevention of Corruption Act and thereby the appellant/petitioner was sentenced to undergo sentence for a period of four years and six months on each count.

(3.) On appeal being preferred before this court, the appellant/petitioner was admitted to bail. Subsequently an application was filed under Section 389(1) of the Code of Criminal Procedure for suspension of the order of conviction, passed by the then Special Judge, C.B.I., (A.H.D. Scam cases), Ranchi, in R.C. No.51(A) of 1996. That application was rejected vide order dated 4.2.2010, but while rejecting the application, liberty was granted keeping in view, the facts and circumstances of the case to renew the prayer for early fixation of hearing of appeal after nine months. Thereupon an Interlocutory Application bearing I.A. No.598 of 2011, was filed for fixation of early date of hearing of the appeal on the ground that the appellant/petitioner, who does have peculiar nature of obesity, needs to undergo bypass surgery but before subjecting to bypass surgery problem of obesity is to be tackled with which as per the advise of the Doctor, can be done only at Johns Hopkin Medical University at Baltimore, U.S.A., where the appellant/petitioner cannot go without Passport which cannot be granted to the appellant as the appellant/petitioner is under the order of conviction. Taking into consideration the grounds taken by the appellant/petitioner, the case was fixed for hearing on 17th June, 2011.