Brij Kishore Varshney vs State Of U.P. Thru. ...
2015 Latest Caselaw 4591 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- CRIMINAL APPEAL No. - 1374 of 2015
 

 
Appellant :- Brij Kishore Varshney
 
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, P.S. CBI/ACB/Lucknow, district-Lucknow, by which he has been convicted under Section 120B I.P.C. R/w 13(2) R/w 13(1)(d) PC Act, 1988 and 120B I.P.C. R/w 7 PC Act, 1988, 13(2) R/w 13(1)(d) PC Act and sentenced to undergo three years R.I. under Section 120B I.P.C. R/w 13(2) R/w 13 (1)(d) of Prevention of Corruption Act, 1988 and a fine of Rs. 20,000/- and in default of payment of fine further six months R.I., one year R.I. under Section 120B I.P.C. R/w 7 of Prevention of Corruption Act, 1988 and a fine of Rs. 10,000/- and in default of payment of fine further two months R.I. and three years R.I. under Section 13(2) R/w (1)(d) of Prevention of Corruption Act, 1988 and a fine of Rs. 20,000/- and in default of payment of fine further six months R.I.  All the sentences awarded shall run concurrently.

Admit.

Summon the lower court record.

Learned counsel for the appellant submitted that the appellant was on bail during the pendency of the trial and there is no instance of misuse of liberty of bail, therefore, the appellant is entitled to be enlarged on 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 be enlarged on bail during the pendency of the trial.

Let the appellant, Brij Kishore Varshney be released on 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 Sections 120B I.P.C. R/w 13(2) R/w 13(1)(d) PC Act, 1988 and 120B I.P.C. R/w 7 PC Act, 1988 and 13(2) R/w 13(1)(d) PC Act, P.S. CBI/ACB/Lucknow, district-Lucknow.

It is further directed that recovery of 50% of fine from the appellants  shall also 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