PAWAN KUMAR Vs. C B I

JUDGEMENT

(1.) THIS is a writ petition under Article 226/227 of the Constitution of India read with Section 482 and 397 of the Code of Criminal Procedure, 1973 seeking the following reliefs:-

(2.) NOTICE of the writ petition was served upon the respondent. I have heard Mr. Prashant Bhushan, Advocate for the petitioner and Mr. P.K.Sharma, Standing Counsel for CBI and have perused the record.

(3.) DURING the course of cross examination of PW-1, Mr. B.S.Diwakar, AGM IFB, New Delhi of the respondent bank, the counsel for the accused confronted him for the lies he was speaking, identified on the basis of a tele-talk he had with him in the past. The accused sought permission from the Court to bring the audio of the conversation on record to effectively confront the witness and that the audio will open the truth. Thereupon, CBI moved an application for cancellation of bail granted to the accused on 10.07.2012. Vide a common order dated 26.08.2013, the learned Judge disallowed the application of the accused for bringing the audio conversation on record and cancelled the bail. The same is absolutely in violation of Constitutional rights and laws as laid down by Hon'ble Supreme Court. The conversation would surface the truth. As such, it was submitted that the order cancelling the bail be set aside; the audio conversation be directed to be taken on record; the matter be directed to be investigated by setting up of SIT to look into the aspect of conspiracy and corruption surfaced in looting crores of public money; consolidation of the three criminal cases and be heard by the same Court; transfer of the cases from the Court of Ms. Poonam A. Bamba to another Court; quashing of three criminal cases; order for calling the call records of the accused, their counsels and the Public Prosecutor.