SUKASH Vs. STATE

JUDGEMENT

(1.) By this petition the petitioner seeks bail in case FIR No.56/2017 under Sections 467/468/471/474/170/201/120B IPC and Section 8 of the Prevention of Corruption Act, 1988 registered at PS Crime Branch.

(2.) Learned counsel for the petitioner submits that the petitioner has been in custody now for more than two years and thus bail be granted to him. Referring to the decision of the Hon'ble Supreme Court dated 11th December, 2018 it is contended that despite the fact that the learned Trial Court was directed to consider the application for bail on its own merit without being influenced by any of the observations made by the High Court in the order dated October 10, 2018 the learned Trial Court dismissed the bail application of the petitioner vide the order dated 20th February, 2019. Referring to the decision of the Supreme Court in Crl. Appeal No.605/2019 titled Zahur Haider Zaidi Vs. Central Bureau of Investigation it is stated that the bail cannot be denied on the ground of conduct of the party for the reason in case the conduct of the accused after release on bail is of intimidating and winning over the witnesses, the prosecution can always approach the competent court for cancellation of the bail. In any case the conduct of the petitioner in jail is highly commendable and he has received number of appreciation letters. Though charge-sheet was filed for offences punishable under Sections 467/468/471/474/201/170 and 120B IPC and Section 8 of the Prevention of Corruption Act however no charge for offence punishable 467 IPC has been framed and charges have been framed only for offences punishable under Section 170/201/419/420/468/471/474 IPC read with Section 120B IPC and Section 8 of the Prevention of Corruption Act. Though 24 cases are used against the petitioner however in four of the cases, the petitioner has been acquitted and in 16 other cases he is on bail. There is no allegation that the petitioner has misused the concession of bail in those cases. The maximum sentence that can be imposed on the petitioner being seven years imprisonment out of which he has undergone imprisonment for two years he be granted bail and in case he violates the conditions of bail, the investigating agency can always seek cancellation thereof.

(3.) Learned APP for the State on the other hand contends that the allegations against the petitioner are serious in nature even after being involved in FIR No.56/2017 wherein he seeks bail he has impersonated himself as the Secretary to Hon'ble Union Law Minister seeking favour as also made a phone call to the learned Special Judge, PC Act impersonating as Hon'ble Judge of the Supreme Court. He bribed and managed the police escort staff when taken for production to Bengaluru, Coimbatore and Mumbai. An affidavit of the Superintendent, Jail No.7 has also been filed thereby noting that he has been awarded jail punishment. It has also been revealed that in the month of April, 2019 jail staff was found extending undue favour to a visitor of the petitioner and departmental action has been initiated against Head Warder Narender though no punishment on this count has been recorded against the petitioner.