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2019 DIGILAW 103 (ALL)

Sachin Singhal v. Central Bureau of Investigation, New Delhi

2019-01-10

KAUSHAL JAYENDRA THAKER

body2019
JUDGMENT : KAUSHAL JAYENDRA THAKER, J. 1. Heard learned Counsel for appellant, Sri Jitendra Prasad Mishra holding brief of Sri Gyan Prakash for C.B.I. and perused the impugned judgment and order. 2. The instant criminal appeal has been filed against the judgment and order dated 31.10.2018 passed by Special Judge (P.C. Act) C.B.I., Court No. 1, Ghaziabad in Special Case No. 37 of 2011 (C.B.I. v. S.N. Bala Subramaniam and others), arising out of RC No. 0072006A0007, under sections 120-B, 420 of I.P.C. and section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988, Police Station-C.B.I. A.C.B. Dehradun, District-Ghaziabad. 3. Submission of learned Counsel for appellant/applicant is that the accused has been convicted for five years, which is maximum sentence. It is submitted by learned Counsel for the applicant that during trial he was on bail, out of the several cheques which have been accepted issued eight cheques were honoured and, therefore, on merits there are chance of succeeding this case. It is next submitted that if the appellant released on bail he does not go outside the India and whenever the Court ordered to appearing, he would appear. It is lastly submitted by learned Counsel for the applicant is that applicant is wholly innocent and he has been falsely implicated in the present case. 4. Sri Jitendra Prasad Mishra appearing for C.B.I. has vehemently op-posed the bail application and submitted that Bank Manager in collusion with the proprietor, namely, Sachin Singhal has committed this crime and there is fraud of Rs. 69 lakhs and, therefore, he has opposed the application seeking bail, pending appeal of both the convicts. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already namely 11 months undergone and looking to the lessor sentence, this Court is of the view that the appellant may be enlarged on bail. 6. Accordingly, bail application is allowed. 7. Let the applicant-appellant-Sachin Singhal convicted and sentenced in the aforesaid sessions trial be released on bail during pendency of the appeal subject to his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned. 6. Accordingly, bail application is allowed. 7. Let the applicant-appellant-Sachin Singhal convicted and sentenced in the aforesaid sessions trial be released on bail during pendency of the appeal subject to his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned. However, he shall submit the passport before the concerned Trial Court on or before 8.2.2019 and fine which has been imposed upon him, 50% shall remain stayed. He shall deposit the 50% fine within the date, he shall be released on bail. If the appellant and his Advocate want to deposit the fine on or before 24.1.2019, they are free to deposit the same. 8. On acceptance of bail bond and personal bond, the Lower Court concerned shall transmit the photostat copies thereof to this Court for being kept on the record. 9. Registrar General of this Court shall accept the passport in sealed cover after verifying the same, kept on record. List this appeal in due course.