Dinesh Kumar Sinha v. State Of Jharkhand Through Cbi .

H.L Dattu, J.— Leave granted. The appellant is convicted under Sections 409, 420, 467, 468, 471/465 and 477-A read with Section 120-B of the Penal Code, 1860 as also under Section 13(2) read with Sections 13(1)(c) and (d) of the Prevention of Corruption Act, 1988 by the learned Special Judge, CBI, Ranchi and has ordered the accused to undergo imprisonment for a period of four years.

2. Against the impugned judgment of conviction and sentence passed, the appellant has filed an appeal before the High Court. The appellant along with the appeal has also made an application for suspension of sentence and grant of bail. The High Court has rejected the prayer. However, it has observed that the appellant may renew his prayer for bail after serving half of the sentence.

3. 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. The learned counsel for the respondent State opposes the request made by the learned counsel for the appellant.

4. 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 be heard in the near future, we are of the opinion that in the peculiar facts and circumstances of this case, the appellant applicant should be released on bail.

5. 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.

6. The appeal is disposed of accordingly.