NAND KISHORE RAI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is an application for bail under section 389 of the Code of Criminal Procedure, 1973 for suspension of the order of sentence dated 07.2.2018 passed by the learned Judge, CBI Court (Special), Alipore, South 24 Parganas in Special Case No. 12 of 2015 corresponding to Case No. RC-3(A)/2013/AC-III dated 21.3.2013 convicting thereby the appellant of the charge for commission of offence punishable under Section 13(1)(e) of the Prevention of Corruption Act and sentencing him to suffer imprisonment for six years and to pay fine of Rs. 10 lakhs in default to suffer imprisonment for one year more.

(2.) It is submitted that the appellant was all long on bail and never misused the bail privilege granted to him by learned Special Judge. It is further pointed out that the appellant/petitioner has a good arguable case and fair chance of success.

(3.) Mr. Milan Mukherjee, learned senior advocate, has invited my attention by pressing in service the final report which shows that the appellant/petitioner along with other accused persons were not charge sheeted in connection with FIR No. 01(A) dated 04.01.2013 under Sections 7,12, 13(2) r/w 13(1)(d) of Prevention of Corruption Act read with Section 120B of the Indian Penal Code.