Court No. - 59
Case :- CRIMINAL APPEAL No. - 86 of 2017 Appellant :- P.N. Ram Respondent :- State Of U.P. & Another Counsel for Appellant :- Gauri Singh,Apul Misra,Avnish Kumar Srivastava,Javed Habib,Manisha Chaturvedi,Sudhindra Kumar Singh Counsel for Respondent :- G.A.,Amit Misra Hon'ble Yashwant Varma,J.
Counter affidavit filed today is taken on record.
Heard Sri Avnish Kumar Srivastava, Sri Javed Habib, learned counsels for the appellant and Sri Gyan Prakash appearing for the opposite party.
The papers of this appeal have been placed on the board of this Court pursuant to an order of nomination of Hon'ble the Chief Justice dated 16.02.2018. When this matter was called on 23.02.2018, it was directed to be listed today.
The Court further notices that the appeal itself has been admitted on 9.01.2017 and the records of the lower court have been duly summoned.
The appellant has been convicted under Section 120B read with Sections 420, 467, 468, 471 I.P.C. and Section 13(2) read with Section 13(1)(D) Prevention of Corruption Act, 1988.
From a consideration of the judgement under appeal, it prima facie appears that a categorical finding has been returned that the appellant did not obtain any financial gain or advantage in the course of discharge of his duties.
Additionally, the Court notices that the appellant has been found not guilty for the commission of offences under Sections 420, 467, 468, 471 I.P.C. That leaves only his role in the criminal conspiracy as per the statement made at the Bar, the appellant has remained incarcerated for the last approximately 15 months. This period is liable to be viewed against the total conviction of four years to which he has been sentenced. The Court additionally notices the material brought on record to establish that the appellant needs to undergo treatment at the Tata Memorial Hospital in its Department of Urologic Oncology. The Court is also conscious that the appeal itself may not come up for disposal in the near future.
On an over all conspectus of the aforesaid facts, this Court is of the opinion that the applicant is entitled to be enlarged on bail.
Accordingly, let the appellant P.N. Ram convicted in Special Case No. 21 of 2014 (Old No.25 of 2011) (C.B.I, S.P.E.
Dehradun Vs. Rajesh Sharma and another) for the offences under Sections 120B read with Sections 467, 468, 471, 420 I.P.C. and Section 13(2) read with Section 13(1)(D) Prevention of Corruption Act, Police Station C.B.I., S.P.E. District Dehradun order passed by learned Special Judge (Anti Corruption), C.B.I., Court No.3, District-Ghaziabad be enlarged on bail on furnishing of a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned subject to the following conditions:-
(A) The appellant will cooperate in expeditious disposal of the appeal.
(B) The appellant shall not misuse the liberty of bail.
The photocopies of the bonds furnished be transmitted to this Court to be kept on the record of this appeal.
Order Date :- 26.2.2018 S. Thakur