TRIPURARI MOHAN PRASAD Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant has prayed for modification of the condition of deposit of fine amount of Rs.five lakh for grant of bail as directed by the order dated 10th August 2018.

(2.) Learned counsel for the appellant submits that the appellant has not been able to avail of the privilege of suspension of sentence on account of non-deposit of the fine amount as directed by this Court, though the appellant has remained in custody for much more than half of the sentence awarded, i.e. by now 45 months. Appellant has meagre source as his daughters are at marriageable age and the entire property of the appellant has been attached by the C.B.I. and the Income Tax Department. He has referred to the case of this appellant in Cr.Appeal (SJ) No.229/2018 where also he was not able to avail the privilege of suspension of sentence accorded by the order dated 6 th April 2018 on account of his inability to deposit the fine amount of Rs.10 lakh as condition of bail. This Court considering the circumstances of the appellant, has been pleased to modify the order passed in Cr.Appeal (SJ) No.229/2018 so far as the deposit of fine amount is concerned to the extent of Rs.1 lakh only by order passed today. Therefore sympathetic consideration may be accorded, otherwise appellant will be not able to avail of the privilege of bail, though he has served more than half of the sentence in this case and in other R.C. Cases where also he has been granted privilege of suspension of sentence.

(3.) Learned counsel for the CBI submits that this appellant has been convicted in number of R.C. Cases as a supplier having obtained payments of huge amounts against fraudulent supplies. He submits that though privilege of suspension of sentence was granted by order dated 10th August 2018, perhaps he has not been able to avail the privilege on failure to deposit the fine amount of Rs.5 lakhs.