Court No. - 48
Case :- CRIMINAL APPEAL No. - 899 of 2018 Appellant :- N. K. Kaushik Respondent :- Central Bureau Of Investigation, Dehradun Counsel for Appellant :- Manoj Kumar Sharma,Namit Kumar Sharma Counsel for Respondent :- Gyan Prakash
Hon'ble Karuna Nand Bajpayee,J.
Ref:- Criminal Misc. Bail Application No.1A/1 of 2018.
Heard Shri Jitendra Prasad Maurya, Advocate holding brief of Shri Namit Kumar Sharma, learned counsel for the appellant and Shri Gyan Prakash, learned counsel for C.B.I.
Perused the record.
Submission of the counsel for the appellant is that appellant was on bail during the course of trial which was never misused by him. Further submission is that actually appellant had never any motive to commit the said crime in question. The promotion which is said to be due was not with regard to the appellant and was with regard to the co-accused R.K. Saxena who is no more and died during the course of trial. But much emphasis has been laid by the counsel on the medical condition of the appellant and his dire family circumstances. It was pointed out that appellant is an old person of 67 years in age suffering from serious ailment and is under treatment of All India Institute of Medical Sciences. It has been averred in paragraph-18 of the affidavit that he has been diagnosed to have a 90% blockage in the heart. Reliance in this regard has been placed on Annexure No.13 of the application which contains several medical papers regarding his treatment and investigations. Submission is that condition of appellant through which he is undergoing is such that it is not possible to get proper treatment from behind the bars and his life is at serious jeopardy. He can get proper treatment only in case if he is allowed to come out. It was also emphasised by the counsel that he is having a daughter Monika Kaushik who too is suffering with 100% disability and is fully dependent upon him. Reliance in this regard has been placed on Annexure No.14 of the application which is a certificate of disability regarding his daughter. Contention of the counsel is that if not on any other ground then on humanitarian grounds at least the appellant may be given a chance to survive and liberty to get proper medical treatment which is not possible to get from inside the jail. Life of his daughter shall also very badly suffer if he is not granted liberty of bail.
Several other submissions in order to demonstrate the falsity of the allegations made against the appellant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the appellant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Submission of counsel for the appellant is that the appellant is languishing in jail since 24.01.2018 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early hearing of appeal. Counsel has attempted to point out several other inherent infirmities in the evidence and also the elements of improbability contained therein and it has been argued that with such infirmities on record there is a reasonable prospect of this appeal being allowed after final hearing takes place.
Learned A.G.A. has opposed the prayer for bail.
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 undergone, the unlikelihood of early hearing and conclusion of appeal, this Court is of the view that the appellant may be enlarged on bail.
Let the appellant- N. K. Kaushik, convicted and sentenced in Special Case No.22 of 2014, (Old No.2 of 2000) having R.C. No.- 3(a)/96-Dehradun, under sections 120-B I.P.C. read with 420, 467, 468, 471 I.P.C. and Section 13(2) read with Section 13(1) (d) Prevention of Corruption Act, P.S.- C.B.I., S.P.E., Dehradun, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
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.
List this appeal for final hearing after preparation of paper book.
Order Date :- 29.10.2018 shiv