Aparesh Kumar Singh, J. - (1.) Heard learned Senior Counsel for the appellant and learned A.S.G.I representing C.B.I on the prayer for suspension of sentence made through I.A. No. 1013 of 2018
(2.) Appellant stands convicted in connection with R.C. Case No. 68(A) /1996 vide impugned judgment dated 24th January,2018 passed by the learned Court of Additional Judicial Commissioner-VII cum Special Judge(AHD), CBI-I, Ranchi for the offences under Sections 120-B r/w section 409, 420, 467, 468,471 and 477-A of the I.P.C and sentenced to undergo R.I. for 5(five) years and fine of Rs. 5,00,000/-(Five Lakhs), in default of payment of fine, to further undergo S.I. for 1(one) year. He has further been sentenced to undergo R.I. for 5(five) years and fine of Rs. 5,00,000/-(Five Lakhs), in default of payment of fine, to further undergo S.I. for 1(one) year for the offences under Section 13 (2) &13(1)(c)(d) of the P.C. Act. All the sentences were directed to run concurrently and the period undergone shall be set off.
(3.) Learned Senior Counsel for the appellant has taken the following grounds to press the prayer for suspension of sentence: (i) The entire material evidence on record does not substantiate any allegation of substantive offence under the Indian Penal Code or Prevention of Corruption Act against the appellant. Appellant has been convicted with the aid of Section 120B of the Indian Penal Code i.e., on the charge of conspiracy. P.Ws. 199 and 202, both of whom were the Investigating Officers, have in their examination clearly stated that there was no material to show fraudulent withdrawal from Chaibasa Treasury or receipt as against this appellant; (ii) That entire statements and materials from the other case i.e., R. C. Case No. 20A/1996 have been adopted in the instant case. There is no material to connect this appellant with the fraudulent withdrawals from Chaibasa Treasury in the Financial Year 1992-93 under A.H.D. Department, subject matter of the instant trial (iii) That appellant had been facing trial in altogether 7 R. C. Cases relating to Fodder Scam Case, namely the present one i.e. R. C. Case Nos. 68(A)/96; R.C. Case No. 20(A)/96 which relates to the fraudulent withdrawal for the period 199495 under the same Chaibasa Treasury; R.C. Case No. 22(A)/96 which relates to the fraudulent withdrawal for the period January, 1992 to June, 1992 under Godda Treasury; R.C. Case No. 33(A)/96 which relates to the fraudulent withdrawal for the period November, 1995 to January, 1996from Godda Treasury; R.C. Case No. 64(A)/96 which relates to the fraudulent withdrawal for the period 1988-1996 from Dumka Treasury and R. C. Case No. 38(A)/96 for the period 1990-91 to 1995-96 and in R.C. Case No. 47A/996, trial is going on. ;