Jharkhand High Court
Smt. Shobha Sinha vs The Union Of India Through C.B.I on 15 October, 2019
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 364 of 2019
With
I.A. No. 3266 of 2019
Smt. Shobha Sinha ... ... ... Appellant
Versus
The Union of India through C.B.I. ... ... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Appellant : Mr. Indrajit Sinha, Advocate For the Respondent : Mr. Rajiv N. Prasad, CBI
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7/15.10.2019
1. Heard Mr. Indrajit Sinha, counsel appearing on behalf of the appellant.
2. Heard Mr. Rajiv N. Prasad, counsel appearing on behalf of the CBI.
3. After some argument, counsel appearing on behalf of the appellant submits that he may not press I.A. No. 3266 of 2019 for suspension of sentence, if the case is fixed for final disposal. He submits that the main point which would be argued by him in the instant case is that file noting on the basis of which the procurement of bitumen was made was not exhibited in original and in fact the Investigating Officer had produced only the photocopy of the same which were marked as X-series and the same could not have been taken into consideration for the purposes of conviction of the present appellant particularly Exhibits X-25 to X-28.
4. Counsel appearing on behalf of the CBI has no objection if the case is fixed for Final Disposal. However, he submits that the aforesaid aspect of the matter has been considered by the learned court below while considering the fact that prosecution has taken all steps for the purposes of procurement of original document or certified copy of the same, but they failed, so the photocopies which were marked 2 for identification as Exhibit X series were taken into consideration by the learned court below and these are admissible as secondary evidence. He submits that as the entire case before the learned court below, it was not in dispute that the appellant had initiated the file for procurement of bitumen. He also submits that there was neither any remaining budgetary allocation nor there was any requirement for procurement of bitumen.
5. Considering the aforesaid submissions, I.A. No. 3266 of 2019 is dismissed as not pressed at this stage. Counsel for the parties have agreed for final disposal of the instant case.
6. At this, counsel for the appellant submits that he is ready to bear the expenses for the purposes of preparation of paper books by this court is three sets so that parties may properly assist this court for final disposal of this case.
7. Office is directed to prepare the paper books of the present case in three sets and cost of preparation of paper books will be borne by the counsel appearing on behalf of the appellant. Office is further directed to point out the tentative cost for the purposes of preparation of paper books to the counsel appearing for the appellant and ensure preparation of paper books latest by 15th November, 2019. The counsel for the appellant shall deposit the tentative cost and if any further amount is to be deposited the same will also be deposited by the appellant.
8. Counsel for the parties are also directed to file advance copies of the judgments and also exchange them amongst themselves which they propose to rely.
9. At the request of the counsel for the appellant, the paper books shall not contain the following exhibits. Exhibit 6 to 6/12.
Exhibit 9 to 9/2.
Exhibits 16,17,19 to 25.
3Exhibit 38 to 44.
Exhibit 46 to 46/4.
Exhibit 47 to 47/6.
He further submits that if required, these documents may be referred from the L.C.R.
10.Counsel appearing for the CBI submits that the matter relating to other co-accused persons are posted on 06.01.2020. Accordingly, the date may be fixed on 06.01.2020.
11. Post this case on 06.01.2020 for final hearing under the heading 'Final Disposal'.
(Anubha Rawat Choudhary, J.) Binit/