IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 96 of 2011
Dr. Birsa Oran @ Birsa Oran ... .. ... Appellant
Versus
The State of Jharkhand through C.B.I... ... ... Respondents
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CORAM :HON'BLE MR. JUSTICE R. R. PRASAD
.........
For the Petitioner : M/s Vishnu Kumar Sharma, Adv.
For the Respondents : M/s Md. Mokhtar Khan (C.B.I.)
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02 /04.02. 2011. Admit.
Issue notice.
Call for the Lower Court Records.
Heard learned counsel for the appellant and learned counsel
appearing for the C.B.I. on the matter of bail.
Learned counsel appearing for the appellant submits that the
appellant have been convicted for various offences under the Indian Penal
Code and also under the Prevention of Corruption Act was awarded
maximum sentence for five years for one of the offences and as against
this, the appellant has already served sentence for a period more than half
of the sentence . If the period of sentence undergone by this petitioner in
connection with the case i.e. R.C. 49(A) of 1996 (giving rise this appeal), is
taken into account along with the period undergone in custody from
08.07.1997
to 16.07.1998 i.e. for twelve months in R.C. 32A as the
application filed by the appellant for remanding him from that case i.e. R.C.
32A to this case R.C.49A/1996 was rejected on 4th September, 1997 and
that, this aspect of the matter for taking into account the period of custody
has been considered by this Court in granting bail to the other co-convicts
in connection with R.C. which has given rise to Criminal Appeal (S.J.) No.
612 of 2009.
Regard being had to the facts and circumstances, the
appellant, above named, is directed to be enlarged on bail, during the
pendency of the appeal, on furnishing bail bond of Rs. 20,000/- (twenty
thousand) with two sureties of the like amount each to the satisfaction of
learned Special Judge-IV, C.B.I. (A.H.D. Scam), Ranchi in Case No. R.C. 49A
of 1996.
Sandeep/ (R. R. Prasad, J.)