PRADEEP SHUKLA Vs. C.B.I

JUDGEMENT

(1.) AFTER the application under Section 482, Cr. P.C. filed by accused Pradeep Shukla was argued, learned counsel appearing on behalf of accused Pradeep Shukla made a prayer that the coercive process issued by the trial court against this applicant after the submission of charge -sheet may be stayed or in the alternative a direction be issued to the trial court to accept the bail bonds on behalf of the applicant or release him on interim bail on the day he surrenders and moves an application for ball in R.C. No. 220 2012E 0002 under Sections 120B r/w Sections 420, 468 and 471. I.P.C. and Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, P.S. C.B.I. E.O.U. -IV/E.O. -II, New Delhi till the final disposal of his bail application. Further, prayer has been made for staying the proceedings of charge -sheet. This prayer of the applicant is dealt with by this Court by way of a separate order.

(2.) IT is contended by learned counsel for the applicant that after the process has been issued by the learned trial court Instead of accepting the bail bonds invariably directs the accused to be sent to judicial custody. It is contended that the trial court is bound to accept the bail bonds and not to refer the accused to the judicial custody.

(3.) ON the other hand, Mr. Anurag Khanna. learned counsel appearing on behalf of C.B.I. contends that the Court while exercising power under Section 482, Cr. P.C. cannot usurp the power of the trial court by granting bail. It is further contended that no direction can be passed by the Court either to grant interim bail to the accused or final bail to the accused on the same day as it is for the Magistrate to examine whether the accused is entitled to be granted bail or not.