SHOBHA SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the parties through video conferencing.

(2.) It is submitted by the learned Senior Advocate appearing for the appellant-petitioner that this interlocutory application has been filed with a prayer for releasing the appellant-Smt. Shobha Sinha on bail during the pendency of this appeal. It is next submitted that earlier the appellant-petitioner moved before this Court in I.A. No.3266 of 2019 inter alia praying for suspension of sentence. The said interlocutory application stood dismissed as not pressed vide order dated 15.10.2019 and thereafter, the appellant- petitioner filed I.A. No.1218 of 2020 for granting provisional bail for one month for the reason that the son of the appellant is suffering from liver cirrhosis and required liver transplantation, provisional bail was granted to her vide order dated 07.02.2020 and the appellant-petitioner was directed to surrender before the learned court below before 12.03.2020. It is then submitted that the appellant-petitioner preferred I.A. No.2114 of 2020 for extension of provisional bail granted to the appellant-petitioner vide order dated 07.02.2020 and this interlocutory application was allowed vide order dated 25.02.2020 by the predecessor bench with observation that the provisional bail of the appellant-petitioner is extended for a period of two months from 12.03.2020 which would expire on 12.05.2020. It is next submitted that instead of surrendering on 12.05.2020 in the learned trial court, the appellant- petitioner some days after 12.05.2020 filed I.A. No.5074 of 2020 for confirmation of provisional bail by this Court vide order dated 07.02.2020 and this Court vide a reasoned order dated 12.10.2020 did not extend the period of provisional bail of the appellantpetitioner which was already expired nor confirmed the same and the appellant-petitioner was directed to surrender before the learned court below on 22.10.2020 failing which the learned court below was directed to take all coercive steps for apprehension of the appellant-petitioner to and submit a report by 02.11.2020 as to whether the appellant has surrendered or not.

(3.) Being aggrieved and dissatisfied with the said order of this Court dated 12.10.2020, passed in I.A. No.5074 of 2020, the appellant moved before the Hon'ble Supreme Court of India vide Special Leave Petition (Criminal) Diary No.23039 of 2020 and vide order dated 06.11.2020, the Hon'ble Supreme Court of India allowed the application for exemption of the appellant-petitioner from surrendering. It is then submitted that Special Leave Petition (Criminal) Diary No.23039 of 2020 was converted to Special Leave to Appeal (Cr.) No. 5566 of 2020 by the Hon'ble Supreme Court of India and vide order dated 01.02.2021, the Hon'ble Supreme Court of India has dismissed the said special leave petition and further directed the appellant-petitioner to surrender forthwith. It is then submitted that the Hon'ble Supreme Court of India left it open to the appellant-petitioner to seek bail before this Court and observed that if such application is made, the same may be considered by this Court as early as possible, but not later than two weeks from the date of filing in accordance with law. It is further submitted by learned Senior Advocate appearing for the appellant-petitioner that the appellant-petitioner has served total sentence of 15 ½ months in custody and is aged about 68 years. It is then submitted that the main accused of the present case Md. Ilyas Hussain @ Md Illiyas being an Ex-Minister was convicted in the present case and approached the Hon'ble Supreme Court of India for grant of bail and bail was granted to the said Md. Ilyas Hussain @ Md Illiyas vide order dated 24.11.2020 in Cr. Appeal No.810 of 2020 arising out of Special Leave Petition (Cr.) No.5022 of 2020. It is further submitted that the appellant-petitioner surrendered before the trial court in connection with R.C. Case No.02 (A)/1997 (R) as per the direction of Hon'ble Supreme Court of India in connection with Special Leave to Appeal (Cr.) No.5566 of 2020. It is further submitted by the learned Senior Advocate appearing for the appellant-petitioner that there is more chance of the appellant- petitioner being infected with Covid-19 if she remains in custody and she has never misused the privilege of provisional bail. It is further submitted by the learned Senior Advocate appearing for the appellant-petitioner that the appellant-petitioner does not want to press the averments made in paragraph no.12 of this interlocutory application as the same has wrongly been printed. Though it is not a word in this interlocutory application yet it is then submitted that the learned trial court has not properly appreciated the evidence against the appellant-petitioner and at best, the appellant-petitioner can be said to have committed misconduct but she has not committed any crime. Hence, it is submitted that the appellant- petitioner be admitted to bail.