9911796707
TMI Blog2004 (8) TMI 426X X X X Extracts X X X X X X X X Extracts X X X X ..... lity of the decision to the facts of the case. - 917 of 2004 - - - Dated:- 20-8-2004 - Arijit Pasayat and C.K. Thakker, JJ. REPRESENTED BY : S/Shri Dhruv Mehta and Mohit Choudhary, Advocates, for the Appellant. S/Shri Gaurav Aggarwal for Prashant Kumar, Vishnu Sharma for P. Parmeswaran, Advocates, for the Respondent. [Order per : Arijit Pasayat, J.]. Leave granted. 2. Respondent Nos. 1 to 3 are facing trial for alleged commission of offences punishable under Section 120-B of the Indian Penal Code, 1860 (in short the I.P.C. ) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (in short the Act ). The case was registered by the Central Bureau of Investigation (in short the CBI ), which is respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The stand of the appellant as well as the CBI is that when privilege was claimed and that too of documents which were confidential in nature, the learned Special Judge should not have directed production thereof. In any event, the High Court was not justified in dismissing the application filed by the appellant-Bank merely observing that in view of the decision in R.K. Jain v. Union of India [AIR 1993 SC 1769], the appellant has no case. The applicability of the said decision to the facts of the case has not been discussed. 4. Learned counsel for respondent Nos. 1 to 3 accused on the other hand submitted that merely referring to Section 124 of the Evidence Act without indicating as to how public interest would have been affected, dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall also be considered as it elaborately deals with the question of privilege. It would be proper to deal with the applicability of the view expressed in the said case to the facts of the present case. The Criminal Revision Petition No. 1413 of 2003 read with Criminal Miscellaneous Case No. 29708 of 2003 be restored to their original position. 7. Learned counsel for respondent Nos. 1 to 3 submitted that the trial may proceed pending disposal of the matter by the High Court so far it relates to production of the documents. The learned Special Judge shall consider the desirability and feasibility of adopting such a course, particularly when CBI and appellant-Bank have no objection to the stand. 8. The appeal is disposed of accordingly. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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