RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE are the two bail applications one submitted by Ram Singh and the other by Jagat Narain. Both the applications emerging out of the same judgment are disposed of together. Jagat Narain and Ram Singh have been convicted of the offences, punishable under Section 409, 120B, 477A., and 469, I.P.C. read with Section 5(2) of the Prevention of Corruption Act. They have been sentenced to 7 years' rigorous imprisonment and to pay a fine of Rs. 10,000/ -, each in default of payment of which to suffer further rigorous imprisonment for a period of three years under Section 409, I.P.C. They have also been sentenced to three years' rigorous imprisonment and to pay a fine of Rs. 1000/ - each, or to rigorous imprisonment for 6 months in default of payment or fine, under Section 468, I.P.C. They have further been sentenced to suffer rigorous imprisonment for three years' each under Section 477A., I.P.C. Under Section 120B., they have been awarded five years' rigorous imprisonment for three years each under Section 477A I.P.C. Under Section 120B they have been awarded five years' rigours imprisonment and to pay a time of Rs 1000/ -, each or six months' rigorous imprisonment in default of payment of fine. Likewise they have been sentenced to three years' rigorous imprisonment and to pay a fine of Rs, 1000/ -, in default of payment of which to suffer further sentence of rigorous imprisonment for six months under Section 5(2), Prevention of Corruption Act. Both the accused Jagat Narain and Ram Singh have taken appeals against their convictions and the sentences.

(2.) THE contention of learned Counsel for the applicants is that the petitioners are in the Government service and there is no apprehension of their absconding. They were also on bail throughout in the trial court. The disposal of their appeals and the preparation of the case by counsel for both the parties would take a considerable time. The prosecution examined as many as 327 witnesses and got exhibited 448 documents. The accused in all produced 16 witness, besides 59 documents in their defence. Apart from the voluminous evidence on the record in a case under Section 409, I.P.C., counsel submit that unless they get assistance from their clients, it would be impossible for them to prepare the case. The counsel also argued that the occurrence is of 1960 and the accused have faced inquiry and trial for a number of years. The sanction accorded in this case, counsel and, is defective. They, therefore, urged that the two petitioners should be emerged on bail, pending the disposal of their appeals. Learned Deputy Government Advocate opposed the bail application.

(3.) IN all bailable offences bail can be claimed on a matter of right under Section 490, Cr. P.C. subject to certain conditions.