Mahesh Kumar Bhawsinghka Vs. State of Delhi
EmailAppeal: Criminal Appeal No. 1 of 2000
(Arising out of SLP(Cr.)No.2702/1999)
(Arising out of SLP(Cr.)No.2702/1999)
Petitioner: Mahesh Kumar Bhawsinghka
Respondent: State of Delhi
Apeal: Criminal Appeal No. 1 of 2000
(Arising out of SLP(Cr.)No.2702/1999)
(Arising out of SLP(Cr.)No.2702/1999)
Judges: K.T. THOMAS & M.B. SHAH, JJ.
Date of Judgment: Jan 04, 2000
Head Note:
CRIMINAL LAW
Criminal Procedure Code, 1973
Section 437 with Indian Penal Code, 1860 – Sections 120B, 468 and 477-A – Bail – Accused charged with the offences of criminal conspiracy, cheating and falsification of accounts – Amount of embezzlement to the extent of a crore of rupees – Accused in jail for long time – If could be granted bail. Held. Trial court directed to complete the trial within three months failing which appellant accused to be released on bail. If the trial is delayed due to accused appellant he will not be entitled to the benefit of being released on bail.
JUDGEMENT:
ORDER
1. Leave granted.
2. The appellant is now facing prosecution alongwith another person for offences under Sections 120-B, 468 and 477-A of the Indian Penal Code besides some other offences. The amount alleged to have been embezzled would have crossed the staggering mark of one crore had it been added with one more lakh of rupees. We stated this to highlight the magnitude of the offence involved. Mr. D.D. Thakur learned senior counsel contended that the fact that appellant was in jail for a long time is very germane in granting bail for offence of this nature.
3. The motion for bail has been seriously opposed by the learned Additional Solicitor General and also learned counsel for the aggrieved party-Compnay. We find some force in the contention of both sides and therefore we adopt a via media as follows:
4. The trial court shall commence taking evidence in this case within one month from today (if not already started) after fixing a schedule of postings from day-to-day and complete the trial before the expiry of three months from today. If the trial is not completed on or before the expiry of three months from today, we direct the trial judge to release the appellant on bail on his executing a bond with two solvent sureties to his satis-faction. But we make it clear that if the inability to complete the trial is attributable to the appellant, he will not get the benefit indicated above With these observations and directions the appeal is disposed of.
1. Leave granted.
2. The appellant is now facing prosecution alongwith another person for offences under Sections 120-B, 468 and 477-A of the Indian Penal Code besides some other offences. The amount alleged to have been embezzled would have crossed the staggering mark of one crore had it been added with one more lakh of rupees. We stated this to highlight the magnitude of the offence involved. Mr. D.D. Thakur learned senior counsel contended that the fact that appellant was in jail for a long time is very germane in granting bail for offence of this nature.
3. The motion for bail has been seriously opposed by the learned Additional Solicitor General and also learned counsel for the aggrieved party-Compnay. We find some force in the contention of both sides and therefore we adopt a via media as follows:
4. The trial court shall commence taking evidence in this case within one month from today (if not already started) after fixing a schedule of postings from day-to-day and complete the trial before the expiry of three months from today. If the trial is not completed on or before the expiry of three months from today, we direct the trial judge to release the appellant on bail on his executing a bond with two solvent sureties to his satis-faction. But we make it clear that if the inability to complete the trial is attributable to the appellant, he will not get the benefit indicated above With these observations and directions the appeal is disposed of.
