Allahabad High Court
Veer Singh vs C.B.I. on 7 May, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 7283 of 2018
Appellant :- Veer Singh
Respondent :- C.B.I.
Counsel for Appellant :- Munesh Kumar
Counsel for Respondent :- Gyan Prakash
Connected with
Case :- CRIMINAL APPEAL No. - 6727 of 2018
Appellant :- Hukum Singh And Another
Respondent :- C.B.I.
Counsel for Appellant :- Shri Ram (Rawat),Indra Deo Mishra
Counsel for Respondent :- Gyan Prakash
Connected with
Case :- CRIMINAL APPEAL No. - 6873 of 2018
Appellant :- Jay Prakash And Anr.
Respondent :- Central Bureau Of Investigation Ghaziabad
Counsel for Appellant :- Amrendra Pratap Singh,Dharmendra Prasad Singh
Counsel for Respondent :- Gyan Prakash
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the accused-appellants and learned counsel for CBI on bail applications. Perused the record.
The accused-appellant-Veer Singh has filed criminal appeal no. 7283 of 2018, accused-appellants-Hukum Singh and Naipal Singh have filed criminal appeal no. 6727 of 2018 and accused-appellants-Jay Prakash and Naubat Singh have filed criminal appeal no. 6873 of 2018 against the judgment of learned trial court dated 10.10.2018 in Special Case No. 24 of 2011, P.S. C.B.I. Dehradun by which, accused persons have been convicted and sentenced for the offence under sections 120-B IPC, for six months rigorous imprisonment and fine of Rs.1,000/- each, for the offence under section 420 read with section 120-B IPC each, for five years rigorous imprisonment and Rs.10,000/- as fine each, for the offence under section 467 read with section 120-B IPC, for ten years rigorous imprisonment and Rs.25,000/- as fine each, for the offence under section 468 read with section 120-B IPC, for five years rigorous imprisonent and Rs.10,000/- as fine each, for the offence under section 471 read with section 120-B, for seven years rigorous imprisonment and Rs.10,000/- as fine each, and accused-appellants Jay Prakash, Veer Singh and Naubat Singh has also been convicted under section 13 (2) read with section 13(1)(d), Prevention of Corruption Act, for five years rigorous imprisonment and Rs.10,000/- as fine.
Submission of learned counsel for the accused-appellants is that they have been falsely implicated and no case as such was made out against them. The learned trial court has wrongly appreciated the evidence and convicted them. Three accused persons namely Jay Prakash, Veer Singh and Naubat Singh are around 70-75 years old each. Further submission is that accused persons were on bail during trial and they never misuse the liberty of bail.
Submission of learned counsel, appearing for CBI is that all these 7-8 accused persons made a group and conspired in commission of offence by making fake accounts in Amroha, Gajraula and Naugaon. The total number of fake accounts was 15 in number. All these accounts were in fake names as the account holders were never in existence. Further submission is that from account of one school namely Syd. Junior High School, Amroha and from other 14 private accounts, money transactions were made by way of drawing cheques and clearing cheques and transferring cheque amount to fake accounts. Further submission is that whole matter was investigated by CBI and thereafter charge sheet was submitted and on due appreciation of evidence on record, the learned trial court convicted all these persons for the said offence. The offence which was committed by creating such fake accounts and transferring money from one account to other accounts and subsequently withdrawing the money by obtaining clearance of those cheques is a kind of offence which involves a conspiracy of accused persons and without involvement of official and private persons such kind of offence could never have been committed. Further submission is that if such accused persons are left unpunished, the whole system of public transaction through post offices will be collapsed and it will decrease the public faith in postal system which will cause adverse impact on the very system for which the departments have been created.
Considering the submissions made by learned counsel for the respective parties and also the magnitude of the offence committed by accused persons, I do not find sufficient ground for granting bail.
Accordingly, bail applications of accused persons namely Veer Singh, Hukum Singh and Naipal Singh, Jay Prakash and Naubat Singh in Special Case No. 24 of 2011, CNR No. UPGZ010005962003, under Sections 120-B, 420, 467, 468, 471 IPC, Section 13(2) read with Section 13(1) D, P.C. Act, P.S. CBI Dehradun, is rejected.
Order Date :- 7.5.2019
RCT/-
