SAJAL CHAKROVORTY @ SAJAL CHAKRAVERTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the CBI on the prayer for suspension of sentence made through I.A. No. 750 of 2019.

(2.) Appellant is convicted in connection with R.C. Case No. 20(A) of 1996(A) vide impugned judgment dated 14.11.2017 and order of sentence dated 22.11.2017 passed by learned Special Judge-IV, C.B.I., A.H.D., Ranchi for the offence under Sections 120-B r/w Section 420 / 409 / 467 / 468 / 471 / 477-A of the Indian Penal Code and Section 13(2) r/w 13(1)(c)(d) of the Prevention of Corruption Act . He has been sentenced to undergo a composite sentence of 5 years with a fine of R.4,00,000/- and in default of payment of fine, to further undergo S.I for 1 year under the aforesaid sections of I.P.C . He has also been sentenced to undergo R.I. for 5 years with a fine of Rs.4,00,000/- and in default of payment of fine, to further undergo S.I. for 1 year under the aforesaid sections of P.C.Act. Both the sentences have been directed to run concurrently.

(3.) Learned counsel for the appellant submits that appellant was the Deputy Commissioner at Chaibasa during the period 1992-1995. The instant R.C. case relates to fraudulent withdrawn under the Animal Husbandry Department from Chaibasa Treasury to the tune of Rs. 35,66,42,083/- during the financial year 1994-95. The instant R.C. case No. 20A/1996 was disposed of by a detailed judgment dated 30.09.2013 as against 56 accused persons except the present appellant who was accused no. 23 there, since the prosecution against him was quashed by this Court in W.P.(Cr.) No. 152 of 2011 vide order dated 05.04.2012. However, the prosecution i.e., the CBI challenged the said order before the Apex Court in Criminal Appeal No. 393 of 2017. The Apex Court was pleased to set aside the order dated 05.04.2012 and directed the learned Trial Court to conclude the remaining trial of the present appellant / accused no.23 within a period of 9 months. By the impugned judgment appellant has been convicted for the aforesaid offences by the learned Court of Special Judge-IV, CBI, AHD, Ranchi.