RAJESH KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant and learned counsel appearing for the CBI on the matter of bail.

(2.) Learned counsel appearing for the appellant submits that the appellant as well as his brother, Brajesh Kumar Sinha being partner of the firm known as M/s. Tara Pharmaceuticals have been convicted under Sections 420, 467 and 471 of the Indian Penal Code on the allegation that the firm without supplying the materials took payment and put the loss to the Government to the extent of Rs. 37,16,811/- and accordingly, the appellant was awarded maximum sentence for six years for the some of the offences but the prosecution has failed to establish the charges against the appellant and moreover, other partner of the firm, namely, Brajesh Kumar Sinha has been granted bail by the Hon'ble Supreme Court, vide Cr. App. No. 1578 of 2007 and therefore, the appellant also deserves to be admitted on bail as the case of this appellant stands on this identical footing.

(3.) As against this, learned counsel appearing for the CBI submits that the appellant being one of the partners of M/s. Tara Pharmaceuticals was very much concerned with day-to-day affairs of the said firm which would be evident from so many documents exhibited in this case and perhaps the Court below taking into consideration all this aspect of the matter has also observed while convicting other accused that other brother, namely Brajesh Kumar Sinha being of a tender age might have acted under the direction of his brother, the appellant.