UMESH CHANDRA SHARMA Vs. STATE OF RAJ

JUDGEMENT

(1.) The petitioner Umesh Chandra Sharma @ U.C. Sharma, has filed this fourth bail application No. 7830 of 2012 and the petitioner Sunder Singh has filed the above seventh bail application No. 7183/2012 under Section 439 Cr.P.C. in Sessions Case No. 31/2010 pending in the court of Special Judge, CBI Cases No. 1 Jaipur arising out of FIR No. RCJAI 2008 A0023 registered at Police Station CBI Jaipur for offence under sections 409, 420, 467, 468, 471 and 477A IPC and under section 13(2) read with section 13(1) of the Prevention of Corruption Act, 1988 against the order dated 17.7.2012 of Special Judge CBI on the bail application No. 75/2012 (on the bail application of Umesh Chandra Sharma) and against the order dated 23.5.2012 (on the bail application of Sunder Singh). Since both the bail applications relate to FIR No RCJAI 2008 A0023 (23/08), they are being disposed of by this common order. Brief facts of the case are that a first information report No. RCJAI 2008 A0023 was registered at Police Station CBI, Jaipur for offence under sections 409, 420, 467, 468, 471 and 477A IPC and under Section 13(2) read with section 13(1) of the Prevention of Corruption Act, 1988. It was alleged that the then Bank Manager Shri V.D. Bhatt, State Bank of Bikaner and Jaipur, UIT Branch, Bharatpur along with Shri U.C. Sharma, the then Assistant Manager, SBBJ UIT Branch Bharatpur, Shri Gopal Singh, Assistant Manager and Rajendra Kumar, Head Cashier have misused their position and misappropriated the money of the accounts holders after entering into the conspiracy. It was revealed that in the year 2006-07 and 2007-08 SBBJ UIT Branch Bharatpur was completely computerized. Every employee working in this Branch has his own user ID and password and he can access the computer of the Branch. The employee used the ID through his own selected password and is responsible for safety of the same. Shri V.D. Bhatt was working as Dy. Manager (P) during the period from 30.7.2003 to 14.3.2007 at SBBJ Bharatpur. It was alleged that Shri Bhatt while working as Branch Manager, misused his ID and misappropriated the account holders money causing loss to the Bank. During the course of investigation the accused petitioner Umesh Chandra Sharma was arrested on 21.12.2010. The accused petitioner Sunder Singh was also arrested in the month of December, 2010. The first bail application of Sunder Singh S.B. Criminal Misc. Bail application No. 98/2011 was decided on 5.1.2011 by this court. The accused petitioner Sunder Singh filed second bail application before the trial court and the trial court rejected the bail application No. 6/2011 vide order dated 18.1.2011. Thereafter the petitioner Sunder Singh filed second bail application No. 582/2011 before this court and the same was decided on 20.1.2011. Thereafter on 10.2.2011 the accused petitioner filed third bail application No. 1147 of 2011. This court vide order dated 11.2.2011, rejected the bail application as withdrawn. Thereafter the petitioner Sunder Singh filed fourth bail application No. 1216 of 2011 on 11.2.2011 for interim bail for his sister's daughter marriage. This interim bail application was allowed vide order dated 15.2.2011 for a period of one month. Again fourth bail application No. 3608/2011 was filed by the petitioner on 31.3.2011 and this court on the fourth bail application on 16.5.2011 passed the following order:

(2.) Thereafter the petitioner Sunder Singh filed the fifth bail application No. 7397 of 2011, this was also dismissed as withdrawn on 18.8.2011. Thereafter the petitioner Sunder Singh filed sixth bail application No. 9870 of 2011 and the same was dismissed by this court on 17.10.2011 observing that the petitioner is free to move bail application before the trial court after recording the statements of material witnesses. The accused petitioner Sunder Singh thereafter filed bail application before the trial court and the trial court vide order dated 23.5.2012 rejected the bail application observing as under:

(3.) Similarly the first bail application of the accused petitioner Umesh Chand Sharma No. 42/2011 was rejected on 5.1.2011. The accused petitioner Umesh Chandra thereafter filed second bail application No. 20/2011 before the trial court and the same was dismissed by the trial court on 24.2.2011. Thereafter the petitioner Umesh Chandra Sharma moved second bail application No. 3833 of 2011 before this court and this court vide a detailed order dated 16.5.2011 rejected his bail application observing as under: