HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- CRIMINAL APPEAL No. - 1375 of 2015 Appellant :- Indra Pal Respondent :- State Of U.P. Thru. Superintendent Of Police, Central Bureau Counsel for Appellant :- Purnendu Chakravarty Counsel for Respondent :- Bireshwar Nath Hon'ble Bala Krishna Narayana,J.
Heard the learned counsel for the appellant, learned A.G.A for the State and perused the judgment and order dated 10.11.2015 passed by the Special Judge CBI, court no. 4, Lucknow in Criminal Case no. 3 of 2010, under Section 27 of Prevention of Corruption Act, 1988 and 120B I.P.C. R/w 13(2) R/w 13(1)(d) of Prevention of Corruption Act, 1988, 120B I.P.C. R/w 7 of Prevention of Corruption Act, 1988 and 7 Prevention of Corruption Act, 1988, by which he has been convicted under Section 120B I.P.C. R/w 13(2) R/w 13 (1)(d) Prevention of Corruption Act, 1988 and sentenced to undergo three years R.I. and a fine of Rs. 20,000/- under Section 120B I.P.C. R/w 7 of Prevention of Corruption Act, 1988 and a fine of Rs. 10,000/- and one year R.I. under Section 7 of Prevention of Corruption Act, 1988 and a fine of Rs. 5000/- together with default clause.
Admit.
Summon the lower court record.
Learned counsel for the appellant submitted that the appellant has been granted interim bail by Special Judge CBI, Court no. 4, Lucknow vide order dated 10.11.2015. The appellant was on bail during the pendency of this appeal and there is no instance of misuse of liberty of bail, therefore, the appellant is entitled to be enlarged on regular bail during the pendency of the appeal as there is no likelihood of this appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail.
After considering the submissions made by learned counsel for the appellant and without expressing any opinion on the merits of the case, this Court is of the view that the appellant is entitled to regular bail during the pendency of the trial.
Let the appellant, Indra Pal be released on regular bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Criminal Case no. 3 of 2010, under Section 27 of Prevention of Corruption Act, 1988 and 120B I.P.C. R/w 13(2) R/w 13(1)(d) of Prevention of Corruption Act, 1988, 120B I.P.C. R/w 7 of Prevention of Corruption Act, 1988 and 7 Prevention of Corruption Act, 1988, P.S. CBI/ACB/Lucknow, district-Lucknow.
Subject to the appellant's depositing 50% of fine within two months, the recovery of the balance amount of fine shall remain stayed.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
Let the paper book be prepared.
List this appeal for hearing in due course.
Order Date :- 26.11.2015 Faridul