Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15546 of 2018 Applicant :- Saptarshi Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Chandra Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K. Ojha, learned Senior Advocate, assisted by Sri S.C. Tripathi, learned counsel for the applicant, Sri Pawan Shukla, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It has been further submitted that the incident is of the year since 1996 to 1998. The FIR was lodged in the year 2009 after eight years of the retirement of the applicant. His arrest was stayed by this Court on 29.11.2017 in Criminal Misc. Writ Petition No.24157 of 2017 and thereafter charge sheet was submitted against him. The applicant had challenged the said charge sheet by filing 482 Cr.P.C. Application No.6894 of 2018 which was disposed of by coordinate Bench of this Court on 6.3.2018 giving direction to the applicant to surrender before the court below. In pursuance of the said order, the applicant had surrendered before the court concerned. The applicant was the Principal of the institution concerned. The co-accused Amala Singh is said to have taken some money of the said institution but he did not deposit the same. The applicant is aged about 78 years old person and suffering from old age diseases. He further submits that the applicant undertakes to cooperate with the trial of the present case. The applicant is in jail since 5.4.2018.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, we are of the view that the applicant has made out a case for bail.
Let the applicant Saptarshi Pandey, involved in S.S.T. No.3/2018, Case Crime No.507 of 2009, u/s 409 IPC and Section 13(1)C, 13(1)D of Prevention of Corruption Act, 1988, P.S. Raunapar, district Azamgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he 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 his 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 misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, 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 him in accordance with law.
The trial court is directed to expedite the trial and conclude the same preferably within the period of eight months from the date of production of the certified copy of this order before the trial court on day-to-day basis, if there is no legal impediment.
Office is directed to send the certified copy of this order to the trial court for it's compliance.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.4.2018 Gaurav