SURESH KALMADI Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present intra-Court appeal, the appellant has called in question the legal pregnability of the order dated 5 th August, 2011 passed by the learned single Judge in WP(C) No. 5367/2011.

(2.) The facts which are necessitous to be exposited for the purpose of adjudication of the appeal are that the appellant, a Member of the Parliament for last seven terms covering a span of 28 years, has been booked in RC No.DAI-2010-A-0044 registered by the CBI/ACB/New Delhi on 29 th November, 2010 for offences punishable under Sections 420/467/468/471 read with Section 120B of the Indian Penal Code (for short, =IPC ) and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, =the PC Act ). The appellant after being taken into custody moved an application under Section 439 of the Code of Criminal Procedure and the learned Special Judge rejected the application for bail after referring to the material brought on record. We think it appropriate to reproduce the ultimate conclusion arrived at by the learned Special Judge, CBI, ACB, New Delhi. It reads as follows:

(3.) Thereafter, the appellant has not approached any superior forum for enlargement on bail.