NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1076 OF 2009 (Arising out of SLP (Crl) NO. 8761 OF 2008)

Dinesh Kumar Sinha                                                      …………..Petitioners

Versus

State of Jharkhand through CBI                                   …………..Respondent

JUDGMENT

H.L. Dattu,J.  

1) Leave granted.

2) The appellant is convicted under sections 409, 420, 467, 468, 471/465  

and 477A read with Section 120(b)  of  the Indian Penal  Code as also  

under Section 13(2) read with section 13(1)(c)(d) of the Prevention of  

Corruption  Act  by  the  learned  Special  Judge,  CBI,  Ranchi  and  has  

ordered the accused to undergo imprisonment for a period of four years.   

3) Against  the  impugned  judgment  of  conviction  and  sentence  passed,  

appellant has filed an appeal before the High Court. The appellant along  

with the appeal has also made an application for suspension of sentence  

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and grant of bail. The High Court has rejected the prayer. However has  

observed, that the appellant may renew his prayer for bail after serving  

half of the sentence.  

4) It is submitted that the appellant has already undergone nearly two years  

of his sentence and also there is no possibility of early hearing of the  

appeal in the High Court, therefore it is requested that the appellant may  

be released on bail.  

5) The learned counsel for the respondent opposes the request made by the  

learned counsel for the appellant.  

6) Since the appellant has undergone almost two years of imprisonment as  

awarded by the Trial Court and also taking into account the fact that the  

appeal may not heard in the near future, we are of the opinion that in the  

peculiar  facts  and  circumstances  of  this  case,  the  applicant/appellant  

should  be  released  on  bail.  Accordingly,  we grant  interim bail  to  the  

appellant,  subject  to  the appellant  furnishing the  bail  bond as well  as  

surety to the satisfaction of the Special Judge, CBI, Ranchi.    

7) The appeal is disposed of accordingly.  

                                                                                     …………………………………J.                                                                                        [TARUN CHATTERJEE]

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                                                                                     …………………………………J.                                                                                        [ H.L. DATTU ] New Delhi, May 15, 2009.

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