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2019 DIGILAW 934 (SC)

Ashok Kumar Awasthi v. State Of Uttar Pradesh

2019-03-01

L.NAGESWARA RAO, M.R.SHAH

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ORDER 1. Delay condoned. 2. Leave granted. 3. The application filed under Section 482 of the Criminal Procedure Code by the appellant for quashing the proceeding in criminal case No. 251 of 2017 registered under Sections 120-B, 409, 420, 467, 471 of the Indian Penal Code and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 was dismissed by the High Court. The High Court directed the appellant to appear before the trial Court within 30 days and apply for bail, which application shall be decided by the trial Court expeditiously, if possible, on the same day. 4. Mr. Rajiv Dutta, learned senior counsel appearing on behalf of the appellant brings to our notice orders passed by this Court in Special Leave Petition (Criminal) No. 9017 of 2018 and Special Leave Petition (Criminal) No. 64 of 2019, in which the following direction was given :- "Heard learned senior counsel appearing for the petitioner. In the nature of order we propose to pass, notice need not be issued to the respondents. The petitioner is aggrieved since his application(s) under Section 482 have been dismissed by the High Court. On a query, it is pointed out that the investigation has been completed and the police has filed its report(s) under Section 173(2) Cr.P.C. before the Trial Court and the Court has summoned the petitioner. The petitioner may surrender before the Trial Court within four weeks from today and on such surrender the petitioner shall be released on bail on his furnishing bail bond to the tune of Rs.1,00,000/- with two solvent sureties for the like amount and subject to any other conditions that may be fixed by the Trial Court. It will also be open to the petitioner(s) to file application for discharge, in which case the same will be considered on its own merits. The special leave petitions are, accordingly, disposed of. Pending applications(s), if any, shall stand disposed of." 5. He also submits that other accused facing similar charges pertaining to misappropriation and mismanagement of funds under MANREGS (Mahatma Gandhi National Rural Employment Guarantee Scheme) have been granted bail by this Court. We are informed that the charge sheet has also been filed in this case. 6. Pending applications(s), if any, shall stand disposed of." 5. He also submits that other accused facing similar charges pertaining to misappropriation and mismanagement of funds under MANREGS (Mahatma Gandhi National Rural Employment Guarantee Scheme) have been granted bail by this Court. We are informed that the charge sheet has also been filed in this case. 6. In the facts and circumstances of this case, we direct the appellant to appear before the trial Court within ten days from the date of receipt of copy of this order. The Trial Court shall consider the application for bail expeditiously, if possible, on the same day, by taking into account that the charge sheet has already been filed and the persons similarly situated having been already released on bail. 7. The appeal is, accordingly, disposed of. CRIMINAL APPEAL NO.413 OF 2019 (Arising out of S.L.P.(Crl.) No.1180 of 2019) 8. Leave granted. 9. The application filed under Section 482 of the Criminal Procedure Code by the appellant for quashing the proceeding in criminal case No. 1968 of 2018 was registered under Sections 120-B, 409, 420 of the Indian Penal Code and 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988 was dismissed by the High Court. The High Court directed the appellant to appear before the trial Court within 30 days and apply for bail, which application shall be decided by the trial Court expeditiously, if possible, on the same day. 10. Mr. Rajiv Dutta, learned senior counsel appearing on behalf of the appellant brings to our notice two orders passed by this Court in Special Leave Petition (Criminal) No. 9017 of 2018 and Special Leave Petition (Criminal) No. 64 of 2019, in which the following direction was given :- "Heard learned senior counsel appearing for the petitioner. In the nature of order we propose to pass, notice need not be issued to the respondents. The petitioner is aggrieved since his application(s) under Section 482 have been dismissed by the High Court. On a query, it is pointed out that the investigation has been completed and the police has filed its report(s) under Section 173(2) Cr.P.C. before the Trial Court and the Court has summoned the petitioner. The petitioner is aggrieved since his application(s) under Section 482 have been dismissed by the High Court. On a query, it is pointed out that the investigation has been completed and the police has filed its report(s) under Section 173(2) Cr.P.C. before the Trial Court and the Court has summoned the petitioner. The petitioner may surrender before the Trial Court within four weeks from today and on such surrender the petitioner shall be released on bail on his furnishing bail bond to the tune of Rs.1,00,000/- with two solvent sureties for the like amount and subject to any other conditions that may be fixed by the Trial Court. It will also be open to the petitioner(s) to file application for discharge, in which case the same will be considered on its own merits. The special leave petitions are, accordingly, disposed of. Pending applications(s), if any, shall stand disposed of." 11. He also submits that other accused facing similar charges pertaining to misappropriation and mismanagement of funds under MANREGS (Mahatma Gandhi National Rural Employment Guarantee Scheme) have been granted bail by this Court. We are informed that charge sheet has also been filed in this case. 12. In the facts and circumstances of this case, we direct the appellant to appear before the trial Court within ten days from the date of receipt of copy of this order. The Trial Court shall consider the application for bail expeditiously, if possible, on the same day, by taking note that the charge sheet has already been filed and the other accused facing similar allegations have been released on bail. 13. The appeal is, accordingly, disposed of.