VIJENDRA RANA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) These two bail applications of accused Vijendra Rana and Kulbhushan Parashar, bearing Nos.636 of 2012 and 1353 of 2010 respectively, have been filed under Section 439 of the Code of Criminal Procedure seeking regular bail in respect of F.I.R. registered by CBI vide RC No.2(A)/2006/CBI/ACU/IX, under Sections 3 and 5 of the Official Secrets Act, 1923 (hereinafter referred to as the Act ) read with Section 120-B and 409 IPC.

(2.) The petitioner, Vijendra Rana (A-4), was arrested on 6.4.2006 and is in judicial custody since 19.4.2006. Similarly, the petitioner, Kulbhushan Parashar (A-1), was arrested on 5.4.2006 and is also in judicial custody from the same date. The repeated attempts by both the petitioners to get the bail, both from the court of Chief Metropolitan Magistrate, Additional Sessions Judge as well as from the High Court, have not yielded any fruitful results. One significant order which has been passed in this regard and which is quite elaborate giving the alleged roles of each of the accused is passed by Hon ble Mr. Justice S. Muralidhar on 15.5.2009 in Bail Application No.65 of 2009. In the said order of rejection of bail of both the petitioners, this Court had observed as under:-

(3.) The sum and substance of the aforesaid order was that the concern expressed by the Court in delay in conclusion of the arguments on the question of charge and consequently, setting down the time limit of framing of charge by 31.7.2009 and in the event of that time limit not being adhered to, permitting the petitioners to file a fresh application for grant of bail before the trial court.