Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3637 of 2019 Applicant :- Miss. V Shanti Opposite Party :- Central Bureau Of Investigation Counsel for Applicant :- Anand Kumar Mishra,Rajiv Kumar Mishra Counsel for Opposite Party :- Gyan Prakash
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Shri Anand Kumar Mishra, learned counsel appearing on behalf of the applicant, Sri Gyan Prakash, learned counsel for the C.B.I.
The first bail of applicant has been rejected by this Court vide judgement and order dated 4.07.2018. The only new ground which has been taken is that the co-accused, S.K. Agrawal and Ramesh Handa has already been granted bail by this Court who was named in the F.I.R. and the applicant, being a lady, was Executive Director in the Company in question. It is further stated that the applicant could not appear before the trial court and had absconded for about 15 years, hence, her first bail was rejected on 4.07.2018 and trial was also expedited. It is next argued that the order of this Court dated 4.07.2018 was placed by her on 11.07.2018 before Special Court, C.B.I., Ghaziabad as it appears from the certified copy of the order annexed at page no.95 of the bail application. It is submitted that till date, eight prosecution witnesses have been recorded out of 39 witnesses; she is languishing in jail since 28.04.2018 and she has old ailing parents also; the applicant undertakes to cooperate with the trial.
Learned counsel for the C.B.I. opposed the bail but could not controvert the aforesaid facts.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awardable to the applicant, we are of the opinion that the applicant, Miss. V Shanti is entitled to be released on bail.
Let the applicant Miss. V Shanti involved in case crime no.RC- 3 (E) 2001, u/s 120-B, 409, 420 I.P.C. and Section 13(2) read with Section 13(1)(c), 13(1)(d) of Prevention of Corruption Act, P.S. CBI/EOW-II New Delhi, Special Case No.22A/2003 be released on bail on her furnishing personal bond of Rs. one lakh with two sureties of (out of which one should a family member) to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
(v) It is made clear that if the aforesaid applicant is having passport, she shall surrender the same before the trial court concerned before her release and further she will not leave the country without the permission of this Court.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same on day to day basis strictly in accordance with the provisions contained in Section 309 Cr.P.C. within a further period of eight months from the date of production of a certified copy of this order.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.) Order Date :- 28.2.2019 A. Mandhani