Allowed

Ashok Mitra v. State, through C.B.I. /Bs and Fc/New Delhi

Allahabad HC4 Mar 2024CRLA/694/2024

Case brief

AI extract

What is this about?

This judgment allows the bail application of a convicted appellant appearing before this Court against his conviction. The court held the appellant was entitled to be enlarged on bail as he had not misused liberty during the trial and no likelihood of the appeal being heard in the near future.

What did the court decide?

Appellant granted bail on furnishing a personal bond and two sureties; fine of Rs.10,000 kept to be deposited.

Ashok Mitra vs State, through C.B.I. /Bs and Fc/New Delhi — Bail and Remand | Allahabad HC (2024)

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Court No. - 12

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Case :- CRIMINAL APPEAL No. - 694 of 2024

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Appellant :- Ashok Mitra Respondent :- State, Through C.B.I. /Bs And Fc/New Delhi Counsel for Appellant :- Pranjal Krishna Counsel for Respondent :- Anurag Kumar Singh

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Hon'ble Pankaj Bhatia,J. (C.M.A./I.A. No.1 of 2024 )

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Heard learned counsel for the appellant and Sri Anurag Kumar Singh, learned counsel for the CBI.

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This criminal appeal has been preferred by the appellant against the judgment judgment and order dated 27.2.2024 passed by the learned Special Judge, C.B.I., Court No.1, Lucknow Sessions Case No.1800019 of 2005 arising out of RC No.3(E) of 2004, under Sections 120-B readwith Sections 420, 468, 471 I.P.C. and Sections 13(2) readwith Section 13(1) (D) of Prevention of Corruption Act, Police Station CBI/ACB, Lucknow whereby the appellant has been convicted and sentenced under Section 120-B I.P.C. to undergo six months' simple imprisonment with fine of Rs.10,000/- and in default of payment of fine, to further undergo one week's simple imprisonment ; for the offence under Section 420 I.P.C. to undergo three years' with fine of Rs.25,000/- and in default of payment of fine, to further undergo one month's simple imprisonment; for the offence under Section 468 I.P.C., to undergo thee years' simple imprisonment with a fine of Rs.25,000/- and in default of payment of fine, to further undergo one month's simple imprisonment ; for offence under Section 471 I.P.C., to undergo three years' simple imprisonment with fine of Rs.25,000/- and in default of payment of fine, to further undergo one month's simple imprisonment. All the sentences shall run concurrently.

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Learned counsel for the appellant has pressed the bail application by submitting that the appellant was granted interim bail by the trial court and his interim bail has been continued vide order dated 4.3.2024 passed by this Court. The appellant is innocent and he has been convicted in

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this case without due appreciation of evidences available on record, therefore, the impugned judgment is not sustainable. Learned counsel has further submitted that the appellant was on bail during the course of trial and he had not misused the liberty of bail.

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Sri Anurag Kumar Singh, learned counsel for the CBI, has, however, sought time to file objection but on being confronted as to whether the present appellant has misused the liberty of bail during the trial, he has stated, on the basis of instructions, that the appellant has not misused the liberty of bail during the trial.

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Having heard learned counsel for the parties; having perused the judgment of the learned court below and also considering the fact that the appellant has not misused the liberty of bail during the trial and there is no likelihood of the appeal being heard in near future, I am of the view that the appellant is entitled to be enlarged on bail.

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Accordingly, the bail application is allowed.

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Let appellant- Ashok Mitra , convict of the aforesaid sessions case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to deposit of fine of Rs.10,000/with the trial court within a period of eight weeks from the date of release, failing which, the bail granted to the appellant shall stand cancelled. However, the remaining fine imposed by the learned Trial Court shall remain stayed.

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As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the Trial Court concerned to be kept on record of this appeal.

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It is made clear that during bail, if the appellant commits any offence, the prosecution will be at liberty to file an application for cancellation of bail.

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Order Date :- 25.5.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Ashok Mitra v. State, through C.B.I. /Bs and Fc/New Delhi

Case brief

What is this about?

What did the court decide?

Ashok Mitra v. State, through C.B.I. /Bs and Fc/New Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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