SHASHI BHUSAN DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) REJOINDER affidavit and supplementary affidavit filed today, are taken on record.

(2.) DURING investigation, charge -sheet was filed against Uttam Tiwari, Arvind Tiwari and one Dinesh Maurya only. The case went on trial. After 11 prosecution witnesses had been recorded, an application was filed by P.W. -1 (the informant) under Section 319 Cr.P.C., summoning the applicant along with other persons, which was allowed on 31.7.2013. The applicant unsuccessfully challenged the order dated 31.7.2013 before this Court in Crl. Revision No.2373/2013. However, after his surrender, his bail came to be rejected on 4.7.2014.

(3.) IT is submitted on the strength of order dated 26.7.2012, passed in Departmental Proceedings under the authority of Deputy General Manager, Punjab National Bank, Circle Office, Varanasi that the applicant has been held guilty only of dereliction of his duties/irregularity as being the In -charge of the bank, in adhering to banking guidelines and accordingly was inflicted with a punishment to a reduction in 8 lower scale in the time - scale of pay till superannuation with further direction that he will not earn increments of pay during period of such reduction but his accomplicity in the fraudulent transaction has not been established. He further submits that applicant, in order to assist the prosecution, has now joined as P.W. -2 and that in the evidence so tendered by P.W. -1 (the informant), nothing incriminating has been stated against him. He further submits that applicant being a bank employee, chances of his absconding, is absolutely remote. He further submits that consequent upon allowing of an application under Section 319 Cr.P.C., position which now emerges is that a de novo trial is to be conducted with the examination of P.W. -1 onwards afresh which creates uncertainty as to when the trial is likely to conclude; the entire amount which was alleged to have siphoned of from the account of N.H.A.I., has been credited back into their account. He finally submits that the applicant is languishing in jail since 23.6.2014.