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Judgment
This interlocutory application has been filed under Section 389 (1) of the Code of Criminal Procedure for suspension of the sentence and grant of
ad-interim bail to the appellant no. 2, Govind Mandal, during the pendency of the appeal.
The appeal has arisen out of the judgment dated 12.02.2020, whereby the appellant has been found guilty and convicted for the offence under
Section 420, 419 and 120 B of the Indian Penal Code and Section 66 D of the Information Technology Act, passed by the learned Additional Judicial
Commissioner-II-cum-Special Judge, CBI (AHD), Ranchi in Cyber Crime Case No. 04 of 2017/CNR No.JHRN01-004261-2017 and sentenced for
maximum period of 5 years under Section 420 of the Indian Penal Code with fine of Rs.50,000/-.
Heard the learned counsel for the appellant and learned A.P.P.
It appears that the appellant no. 2, Govind Mandal is in custody since 10.03.2018. He has served more than half of the imposed sentence.
Considering the period of custody, the appellant no. 2, Govind Mandal is directed to be enlarged on bail, during the pendency of the appeal, on his
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of the like amount each to the satisfaction of learned Additional Judicial
Commissioner-II-cum- Special Judge, CBI (AHD), Ranchi in connection with Cyber Crime Case No. 04 of 2017/CNR No.JHRN01-004261-2017 on
the condition that he shall deposit Rs.30,000/- as part of the fine amount in the court below. The amount so deposited shall not prejudice the defence.
In the result, I.A. No. 3469 of 2020 stands allowed.
I.A. No. 3470 of 2020 ...
This interlocutory application has been filed under Section 389 (1) of the Code of Criminal Procedure for suspension of the sentence and grant of
ad-interim bail to the appellant nos. 1 and 3, Khublal Mandal and Ajay Mandal during the pendency of the appeal.
The appeal has arisen out of the judgment dated 12.02.2020, whereby the appellants have been found guilty and convicted for the offence under
Section 420, 419 and 120 B of the Indian Penal Code and Section 66 D of the Information Technology Act, passed by the learned Additional Judicial
Commissioner-II-cum-Special Judge, CBI (AHD), Ranchi in Cyber Crime Case No. 04 of 2017/CNR No.JHRN01-004261-2017 and sentenced for
maximum period of 5 years under Section 420 of the Indian Penal Code with fine of Rs.50,000/-.
Heard the learned counsel for the appellants and learned A.P.P. On perusal of the testimony of P.W. 3, I.O., it appears that the mobile and sim-
cards were seized and the court below has delineated by graph the transfer of money from the accounts of the victim and an amount of Rs.3,80,206/-
was transferred to various accounts.
In view of the materials on record, at this stage, I am not inclined to suspend the sentence and enlarge the appellant nos. 1 and 3, Khublal Mandal and
Ajay Mandal on bail.
In the result, I.A. No. 3470 of 2020 stands rejected.
If the appeal is not taken up for hearing by July, 2021, the appellants Khublal Mandal and Ajay Mandal are at liberty to renew the prayer for bail.