CENTRAL BUREAU OF INVESTIGATION Vs. P.S. JAYAPRAKASH

JUDGEMENT

(1.) Leave granted. Feeling aggrieved and dissatisfied with the impugned common dgment and order dtd. 13/8/2021 passed by the High Court of Kerala at Ernakulam in Bail Application Nos. 5010/2021, 5109/2021 and 5809/2021 and a separate order dtd. 16/11/2021 passed by the High Court in Criminal Miscellaneous Application No. 4424/2021, by which the High Court has allowed the said bail applications and has granted anticipatory bail to the private respondents herein original accused in connection with Crime No. RC/050/2021/S0007 of SC-II Delhi Police Station registered by the Central Bureau of Investigation(CBI) alleging offences punishable under Ss. 120B, 167, 218, 330, 323, 195, 348, 365, 477A and 506 of the Indian Penal Code (IPC), the CBI has preferred the present appeals.

(2.) The allegations against the accused in the present FIR relate back to the year 1994 in connection with Crime No. 225/1994/246/1994 registered by the Kerala Police and the Intelligence Bureau (IB) officials which was registered against one Mariyam Rashida. One S Nambi Narayanan was arrested along with two other persons. The investigation was handed over to the CBI. The CBI submitted the closure report before the learned Chief Judicial Magistrate, Ernakulam under Sec. 173(2) Cr.P.C. stating that the evidence collected indicated that the allegations of espionage against the scientists of ISRO including S Nambi Narayanan were not proved and were found to be false. The said report came to be accepted by the learned Chief Judicial Magistrate, Ernakulam vide order dtd. 2/5/1996 and all the accused came to be discharged. At this stage, it is required to be noted that the said criminal proceedings were initially investigated by the Kerala Police and Intelligence Bureau (IB) and all the accused in the present criminal case were the officials at the relevant time.

(3.) We have heard Shri S.V. Raju, learned Additional Solicitor General of India appearing on behalf of the appellant CBI. We have also heard Shri Kapil Sibal, learned Senior Advocate appearing on behalf of the respondent - original accused in Criminal Appeal arising from SLP(Criminal) No. 8010/2021 and other learned counsel appearing for the respondents original accused.