Allahabad High Court
Braj Bhushan Pal vs C.B.I. on 10 July, 2013
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- CRIMINAL APPEAL No. - 2984 of 2013
Appellant :- Braj Bhushan Pal
Respondent :- C.B.I.
Counsel for Appellant :- Govind Saran Hajela
Counsel for Respondent :- Pranay Krishna
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the appellant and the learned counsel appearing on behalf of C.B.I. and have been gone through the record.
Admit.
Summon the lower court record.
It is contended by the learned counsel for the appellant has been convicted for various offences under the Penal Code. Maximum sentence of five years have been awarded under Section 467 IPC and he has already served out four years and five months in jail. The conviction has been accorded on the misreading of the evidence on record. The appellant who had been implicated in another case in he has already been granted bail by another Bench of this Court. There is no likelihood of early hearing of appeal in near future because of pendency of old appeals and the purpose for filing the appeal would be frustrated as he has already undergone substantial period of sentence, therefore the appellant deserves to be enlarged on bail during the pendency of appeal. In case he is enlarged on bail, he will not misuse the liberty of bail.
Per contra the learned counsel appearing on behalf of C.B.I. has opposed the prayer of bail and has contended that the appellant, who is the public servant in the postal department, has been involved in conspiracy and he prepared forged papers and huge amount of money has been withdrawn from the post office. Several cases have been registered against him under the Prevention of Corruption Act, in which he has been convicted, therefore, he does not deserve to be enlarged on bail. In case he is enlarged on bail he will try to misuse the liberty of bail.
Considering the facts and circumstances and submissions made by the learned counsel for the parties and keeping in view that the appellant has served four years and five months in jail whereas maximum sentence awarded to him was of five years under Section 467 IPC, this Court finds a fit case for bail.
Without expressing any opinion on the merits of the case, let the appellant, namely, Brij Bhushan Pal, convicted and sentenced in Special Case No.36 of 2011, under Sections 120-B, 420, 467, 468, 471 IPC and Section 13(2) read with Section 13(1)(C) D of the Prevention of Corruption Act, Police Station C.B.I., Dehradun, District Ghaziabad, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned. The photocopies of the bonds so furnished be transmitted to this Court to be kept on record of the appeal.
It is made clear that the realization of fine is not stayed.
On receipt of trial court record, the Office is directed to prepare the paper book and list the case for hearing.
Order Date :- 10.7.2013
Mustaqeem.
