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2019 DIGILAW 1172 (SC)

Zahur Haider Zaidi v. Central Bureau of Investigation

2019-04-05

DEEPAK GUPTA, RANJAN GOGOI, SANJIV KHANNA

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ORDER : 1. Leave granted. 2. We would presently consider whether the accused-appellant Zahur Haider Zaidi is entitled to be released on bail. The issue of transfer of case would be considered on a subsequent date after hearing all the accused. 3. Our attention has been drawn to the allegations against the accused-appellant and that he is in custody for the last 19 months. Though the accused-appellant is facing charge under Section 302, we are told that the trial has not made substantial progress beyond the framing of the charge. Completion of trial will take some time. 4. The only apprehension expressed on behalf of the Central Bureau of Investigation is that the appellant being a highly placed police officer may intimidate and win over witnesses and influence them. 5. We are of the view that the bail ought not to be denied on the aforesaid ground and in the event of any such conduct, the prosecution can always approach the competent court for cancellation of bail. 6. Taking into account the allegations, the period of custody suffered and likely time that may be taken for completion of trial, we are of the view that the accused-appellant should be released on bail in connection with FIR No.RC SI 2017 S0009 CBI/SC-I/New Delhi, on satisfaction of the appropriate condition(s) as may be imposed by the learned trial court. The order of the High Court is set aside. The appeal is disposed of to the aforesaid extent. 7. List the matter after two weeks for hearing on the issue of transfer.