HARISH MISHRA Vs. CBI

JUDGEMENT

(1.) THIS is an application on behalf of the petitioner seeking bail in case F. I. R. No. 799 of 1998, under Sections 420/421/412/384/386/395/397/323/365/506 IPC read with Section 120-B IPC, registered at Police Station Hauz Khas.

(2.) LEARNED senior counsel appearing for the petitioner primarily confined his arguments that the petitioner has already undergone more than half of the sentence as prescribed under the law and, therefore, under Section 436-A of the Code of Criminal Procedure, he is entitled to bail otherwise whereas learned Special Public Prosecutor appearing for the State urged that the charges framed against the petitioner are punishable by life imprisonment and as such provisions of Section 436-A of Code of Criminal Procedure do not apply to the present case.

(3.) IT is further urged that the case is about to be concluded as prosecution has concluded its final arguments and the counsel for respective accused are in the midst of addressing their arguments. On this learned counsel appearing for the petitioner urged that looking to the volumeness of the case, there is every likelihood of the counsels taking fairly long time for addressing their arguments and since the petitioner has been in jail for very long period, therefore, his further detention shall serve no purpose.