Nand Kishore Etc vs Central Bureau Of Investigation S.P.E.

Delay condoned.

Leave granted.

We have heard learned counsel for the parties.

The challenge in these appeals is to the order dated 08.05.2019 passed by the High Court of Judicature at Allahabad rejecting prayer for bail of the accused-appellant(s) during the pendency of the appeal(s).

It is not in dispute that the accused-appellant(s) have been convicted for offences punishable under Sections 120B, 420/511, 468 and 471 of the Indian Penal Code and Section 13(2) read with Section 13(1) of the Prevention of Corruption Act. Each of the accused-appellants have undergone more than one year of sentence period out of the maximum 4½ years awarded by the Trial Court in respect of four accused-appellant(s).

There is nothing on record to indicate that the accused-appellant(s) had misused the bail granted to them during the pendency of the trial.

Taking over-all view of the matter coupled with the fact that the appeal(s) filed by the accused-appellant(s) before the High Court have been admitted and are unlikely to be taken up for hearing in near future, we direct that the accused-appellant(s) be released on bail on such terms and conditions as may be imposed by the learned Trial Court/Special Judge(Prevention of Corruption Act), CBI, District Ghaziabad, U.P. in connection with Special Case No.18/2014 (Old Case No.8/2000, Computer File No.5700018/2014.

The order dated 08.05.2019 passed by the High Court is set aside and the appeal(s) are accordingly allowed.

As prayed by the respondent-Central Bureau of Investigation, we request the High Court to expeditiously dispose of the appeal(s) since the appellant(s) have been granted bail in terms of this order.