Supreme Court - Daily Orders
M Jayabalan vs Inspector Of Police, Cbi, Eow on 5 December, 2023
Bench: Hrishikesh Roy, Sanjay Karol
1
ITEM NO.63 COURT NO.7 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s).24125/2023
(Arising out of impugned final judgment and order dated 28-04-2023 in
CRLA No. 51/2013 passed by the High Court Of Judicature At Madras)
M JAYABALAN Petitioner(s)
VERSUS
INSPECTOR OF POLICE, CBI, EOW & ORS. Respondent(s)
IA No. 117909/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 117908/2023 - EXEMPTION FROM FILING O.T.
IA No. 121057/2023 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
WITH
SLP(Crl) No. 12260/2023 (II-C)
IA No. 191085/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 191087/2023 - EXEMPTION FROM FILING O.T.)
SLP(Crl) No. 12261/2023 (II-C)
IA No. 189726/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 189727/2023 - EXEMPTION FROM FILING O.T.)
SLP(Crl) No. 12259/2023 (II-C)
IA No. 189401/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 189402/2023 - EXEMPTION FROM FILING O.T.)
SLP(Crl) No. 12789/2023 (II-C)
IA No. 188742/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
SLP(Crl) No. 12262/2023 (II-C)
IA No. 189870/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 189871/2023 - EXEMPTION FROM FILING O.T.)
SLP(Crl) No. 12790/2023 (II-C)
IA No. 188655/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 188656/2023 - EXEMPTION FROM FILING O.T.)
SLP(Crl) No. 12258/2023 (II-C)
IA No. 188583/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 188585/2023 - EXEMPTION FROM FILING O.T.)
Signature Not Verified
Date : 05-12-2023 These matters were called on for hearing today.
Digitally signed by
Jayant Kumar Arora
Date: 2023.12.06
16:29:34 IST
Reason:
CORAM :
HON'BLE MR. JUSTICE HRISHIKESH ROY
HON'BLE MR. JUSTICE SANJAY KAROL
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For Petitioner(s) Mr. Balaji Srinivasan, AOR
Mr. Rohan Dewan, Adv.
For Respondent(s) Mrs. Aishwarya Bhati, A.S.G.
Mr. Mukesh Kumar Maroria, AOR
Mrs. Chinmayee Chandra, Adv.
Mrs. Shardha Deshmukh, Adv.
Mr. Sidhant Kohli, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. Balaji Srinivasan, learned counsel appearing for the petitioner. The respondents are represented by Ms. Aishwarya Bhati, learned ASG.
2. The petitioner is a Bank Manager and was convicted under Section 120-B/420 of the IPC and Section and 13(1)(d) and 13(2) of the Prevention of Corruption Act. There are eight cases arising out of one FIR against the petitioner. The maximum sentence imposed against the petitioner was three years in 7 out of 8 cases.
3. Notice in this case was issued earlier on 06.9.2023, with the following order:-
“Heard Mr. Balaji Srinivasan, learned counsel appearing for the petitioner. The counsel would firstly point out that the petitioner, who is former Bank Manager of the Indian Bank and was convicted under the impugned judgment, has surrendered on 10.07.2023.
3. Assailing the conviction, it is next argued that the Bank Manager had granted the trade finance, under the applicable Circular dated 11.10.2000 (Annexure P-1) which permitted new finances for meeting the working capital requirement in the trade sector and the banks were expected to be borrower friendly. To point out that the loans were sanctioned with adequate collateral, Mr. Blaji would advert to the evidence of PW-8, A.A.V. Perumal and PW-9, S. Hariharan Potti, to point out that for the loan of Rs.10 Lakhs, the secured asset was 3 worth Rs. 15 lakhs plus, as can be seen from the evidence of these two witnesses.
4. That apart, the concerned loan has since been repaid by the guarantor, PW-11 and the loan stands discharged.
5. Issue notice on the prayer for bail, returnable on 25th September 2023.
6. The petitioner is permitted to serve notice on the standing counsel for the State, in addition.”
4. Ms. Aishwarya Bhati, learned ASG submits that while there are other accused in the 8 cases, the petitioner is the link accused in all the cases. The counsel submits that bail should not be considered for a person who is convicted of a white-collar crime.
5. The records would show that the petitioner has surrendered on 10.07.2023 and by now he has been in custody for nearly five months. He is aged about 74 years.
6. Looking at the facts and circumstances in these cases, we deem it appropriate to grant bail to the petitioner. Accordingly, the petitioner (M JAYABALAN) be released on bail in all eight cases subject to such terms and conditions as may be imposed by the learned CBI Court, Chennai.
7. Leave granted. Lower Court records be called.
[DEEPAK JOSHI] [KAMLESH RAWAT] COURT MASTER ASSISTANT REGISTRAR