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Mahipal Singh Baseda vs State of Uttarakhand

Uttarakhand High Court · Decided on 5 January 2011 · Citation: (2011) 01 UK CK 0003

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Prevention of Corruption Act, 1988 — Section 13, 27
RESULT
Allowed
CASE NUMBER
Third Bail Application No. 01 of 2011

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Judgment

8 paragraphs · 237 words

Prafulla C. Pant, J.—Shri Sandeep Tandon, Advocate, with Ms. Deepa Arya, Advocate, present for the applicant.

2.

Shri M.A. Khan, Brief Holder,present for the State.

3.

Applicant-Mahipal Singh Baseda, who is in jail in connection with crime No. 17 of 2009 (Special Sessions Trial No. 3 of 2010) relating to offences punishable u/s 7/13(1)(d) read with Section 13(2) Prevention of Corruption Act, 1988. , P.S. Vigilance Sector, District Dehradun, has sought his release on bail.

4.

Heard learned Counsel for the parties.

5.

The first bail application was rejected on merits on 29.03.2010, by Hon''ble Mr. Justice Dharamveer (since expired). The second bail application was rejected on 13.09.2010. This is third bail application.

6.

Learned Counsel for the applicant submitted that now more than one year has passed after arrest of the applicant, and still not a single witness has been examined in the trial. It is pleaded that the applicant cannot be kept in jail for the indefinite period without there being any progress in the trial.

7.

In the above circumstances, in view of the period applicant is in jail during trial, now in the opinion of this Court there is new ground available for granting bail to the Appellant.

8.

The bail application is allowed. Let the applicant Mahipal Singh Baseda be released on bail on executing personal bond and furnishing two sureties, each of like amount to the satisfaction of the court concerned.