9911796707
TMI Blog2021 (6) TMI 804X X X X Extracts X X X X X X X X Extracts X X X X ..... but directed the Trial Court to proceed with the trial on day-to-day basis and also gave liberty to the appellant to apply for bail afresh, if trial did not conclude within six months from the date of production of copy of its order. The fact remains that this appeal is being considered today by this Court only after six months from the date of order of the High Court but, what to say of conclusion, the trial is practically at the very initial stage with even the statement of the first prosecution witness remaining incomplete. Looking to the nature of case and the witnesses to be examined, the trial and is bound to take time. On the other hand, the appellant is said to be in custody since 27.11.2019. While setting aside the impugned orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orking as Chief Regional Manager, IRCTC, at Regional Office, Lucknow, was tried and convicted for the offences under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 ( the P.C. Act ) in FIR No. RC0062009A0033 on the allegations that he was caught red-handed with bribe money of INR 70,000/- on 30.10.2009. The appellant was awarded sentence for maximum period of five years with stipulations of fine by the judgment dated 11.08.2014 passed by the Special Judge, Anti-Corruption CBI (West), Lucknow. The appeal filed by the appellant against such conviction and sentence, being Criminal Appeal No. 1109 of 2014, is pending in the High Court; and the execution of sentence awarded to him has been suspended by the order da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for bail afresh at a later stage. The High Court observed and directed as under: - In view of above, no case for bail is made out at this stage. Accordingly, bail application is rejected. However, trial Court is directed to conclude the trial of Compliant Case No. 8 of 2017, under Section 3/4 of PML Act expeditiously, on day to day basis and no adjournment would be given without recording reasons. Additional Director, Enforcement Directorate of concerned region is directed to ensure the presence of witnesses before the Trial Court for necessary compliance. In case, the trial is not concluded within six months from the date of production of a certified copy of this order, it will be open to the applicant to approach eit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant to face the trial in the present case would not serve the cause of justice. Even if the appellant had earlier not appeared, the fact of the matter remains that he had faced trial in the P.C. Act matter and his appeal remains pending. The High Court, in the impugned order dated 25.11.2020, declined the bail at the given stage but directed the Trial Court to proceed with the trial on day-to-day basis and also gave liberty to the appellant to apply for bail afresh, if trial did not conclude within six months from the date of production of copy of its order. The fact remains that this appeal is being considered today by this Court only after six months from the date of order of the High Court but, what to say of conclusion, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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