Supreme Court - Daily Orders
Mahesh Chand Sharma vs The State Of Rajasthan on 29 January, 2018
Bench: Madan B. Lokur, Deepak Gupta
1
ITEM NO.43 COURT NO.3 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).9136/2017
(Arising out of impugned final judgment and order dated 06-11-2017
in SBCRMBA No. 12449/2017 passed by the High Court of Judicature
for Rajasthan at Jaipur)
MAHESH CHAND SHARMA Petitioner(s)
VERSUS
THE STATE OF RAJASTHAN Respondent(s)
(WITH IA No.125199/2017-EXEMPTION FROM FILING O.T. and IA
No.134934/2017-I/A FOR BAIL)
Date : 29-01-2018 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE DEEPAK GUPTA
For Petitioner(s) Mr. Gopal Subramanium, Sr. Adv.
Ms. Meenakshi Arora, Sr. Adv.
Dr. Sushil Kumar Gupta, Adv.
Mr. Ajit Kumar Gupta, Adv.
Ms. Mridula Ray Bharadwaj, AOR
For Respondent(s) Mr. Shiv Mangal Sharma, AAG
Mr. Puneet Parihar, Adv.
Mr. Rohit K. Singh, AOR
Mr. Amit K. Nain, AOR
Mr. Aditya Jain, Adv.
UPON hearing the counsel the Court made the following
O R D E R
We have heard learned counsel for the parties. Apart from the present case (being FIR No.394/2013 Signature Not Verified dated 3rd September, 2013), there are nine other cases Digitally signed by SANJAY KUMAR Date: 2018.01.30 01:10:17 IST Reason: instituted against the petitioner. Of them, five cases are under the provisions of the Prevention of Corruption 2 Act, 1988 while four cases are under the provisions of the Indian Penal Code (IPC).
In one of the cases under the Prevention of Corruption Act, 1988, the petitioner was granted bail by this Court on 7th May, 2014.
Four other cases in which the FIR was registered in 2014 are still under investigation and it appears that the petitioner has not been arrested in any one of them. With regard to the four cases under the IPC, a charge sheet has been filed in respect of one of them on 31st October, 2012 and in that case the petitioner has been granted bail by the police being a bailable offence. With regard to the remaining three cases against the petitioner under the IPC, one of them is under investigation while in other two cases the final report has been filed. The petitioner was not arrested in any of these cases.
Insofar as the present case is concerned, the petitioner was arrested on 21st August, 2017 and a charge was filed on the same day.
In our opinion, since most of the Prevention of Corruption Act cases against the petitioner are under investigation and he has already been granted bail in at least one of those cases by this Court on 7th May, 2014, it would be appropriate if the petitioner is granted bail in respect of FIR No.394/2013 dated 3 rd September, 2013 in which the charge sheet was filed on 21 st August, 2017. We 3 order accordingly.
We leave it open to the trial court to impose such conditions as are necessary. However, we make it clear that the petitioner will not take any adjournment during the course of the trial nor will the petitioner alienate his property.
The petition stands disposed of on the above. Pending applications are also disposed of.
(SANJAY KUMAR-I) (KAILASH CHANDER)
AR-CUM-PS COURT MASTER