Supreme Court - Daily Orders
Sudhir Kumar Kad vs Central Bureau Of Investigation (Cbi) on 7 May, 2021
Bench: Aniruddha Bose, Krishna Murari
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.475/2021
(Arising out of SLP (Crl.) No. 4927 OF 2020)
WITH
CRIMINAL APPEAL NO.476/2021
(Arising out of SLP(Crl.) No. 5720 OF 2020)
SUDHIR KUMAR KAD APPELLANT(S)
VERSUS
CENTRAL BUREAU OF INVESTIGATION (CBI) RESPONDENT(S)
O R D E R
Leave granted.
Heard Mr. Vikas Singh, learned senior counsel appearing on behalf of the appellants and Ms. Aishwarya Bhati, learned Additional Solicitor General appearing on behalf of the Central Bureau of Investigation (CBI), the investigating agency.
The appellants before us, Sudhir Kumar Kad and Dinesh Kumar are accused in a case of embezzlement of about Rs. 4 Crores. The substance of the allegation so far as the subject case is concerned is that these two accused persons as the Branch Manager and the Chief Manager of Punjab National Bank, Kanthal Branch, Ujjain, participated in the process of extending cash credit facility to a firm which did not have at that point of time adequate asset coverage as safeguard against default, which would have justified grant of cash credit facility. Signature Not Verified Digitally signed by NEETU KHAJURIA Date: 2021.05.08 13:35:24 IST Reason: The appellants are in custody since 24-02-2020.
These matters were heard inter alia on 22-01-2021 and 03-02-2021. 2 The Bench comprising of three Hon'ble Judges of this Court on 03-02-2021 passed the following order :-
"Heard learned counsel for the parties.
In our opinion, a fair suggestion has been putforth that the prosecution be given an opportunity to examine, at least, crucial witnesses. The request is made for six months. However, we direct the prosecution to ensure that the crucial witnesses are produced before the Trial Court and duly examined within three months from today.
In the event, the Trial Court finds that unnecessary obstruction is caused by any of the accused that fact be recorded in the roznamcha, which can be taken into account in the present proceedings, if produced by the respondent Central Bureau of Investigation.
List the matter after three months.
Copy of this order be forwarded to the Trial Court through email for information and necessary action."
We enquired from Ms. Bhati, the stage of the trial and she apprised this Court that the trial has still not progressed beyond the stage of framing of charges.
As is evident from the earlier order dated 03-02-2021, this Court had directed the prosecution to ensure that the crucial witnesses should be produced before the Trial Court and be examined within a period of three months. Ms. Bhati, however, submits that none of the prosecuting witnesses has been, as yet, examined and the next date is fixed for 12-05-2021. It does not appear to us that the trial is going to be completed within a short period of time.
3The investigation is over and there is no allegation that the appellants have not cooperated in the investigation or with the investigating agency.
In this perspective, we do not find any reason as to why, pending trial, the appellants shall remain detained, in custody. Taking into consideration the fact that the appellants have suffered incarceration for a period of about fifteen months and trial also has not progressed; we direct the appellants to be enlarged on bail in connection with Crime No. RC0082018A0019/2018 registered by the Central Bureau of Investigation (CBI), Bhopal subject to furnishing surety bond amounting to Rs. 1 Lac each with two sureties of the like amount, one of whom should be a resident of Ujjain. Further, it is directed that the passports of the appellants shall be confiscated and be deposited with the Presiding Judge, CBI Court, Indore, Madhya Pradesh. During the continuation of the trial, the appellants shall not enter the Ujjain District except for attending the trial on the days they are required to be present before the Court. The appellants should not contact or influence the witnesses and shall attend the trial regularly. In addition to these conditions, the Presiding Judge, CBI Court, Indore shall be at liberty to impose any other condition to his satisfaction for grant of bail to the appellants. In case, the appellants violate any of the conditions of bail above, the CBI would be at liberty to apply for cancellation of his bail before this Court.
4With the above observations, the impugned order is set aside and the appeals are allowed.
.................... J.
[ANIRUDDHA BOSE] .................... J.
[KRISHNA MURARI] MAY 07, 2021 NEW DELHI;
5ITEM NO.20 Court 4 (Video Conferencing) SECTION II-A 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). 4927/2020 (Arising out of impugned final judgment and order dated 08-09-2020 in MCRC No. 29963/2020 passed by the High Court of M.P. at Indore) SUDHIR KUMAR KAD Petitioner(s) VERSUS CENTRAL BUREAU OF INVESTIGATION (CBI) Respondent(s) (IA No.103895/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.103897/2020-EXEMPTION FROM FILING O.T. and IA No.103894/2020-EXEMPTION FROM FILING AFFIDAVIT IA No. 103897/2020 - EXEMPTION FROM FILING O.T. IA No. 127219/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH SLP(Crl) No. 5720/2020 (II-A) (FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 118251/2020, FOR EXEMPTION FROM FILING O.T. ON IA 118252/2020 FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 118253/2020) Date : 07-05-2021 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. N.P. Singh, Sr. Adv.
Mr. Vedant Singh, AOR Mr. Vaibhav Niti, Adv.
Mr. Vishisht Singh, Adv.
Mr. Vikas Singh, Sr. Adv.
Mr. Varun Singh, Adv.
Mr. Nitin Saluja, AOR Ms. Deepeika Kalia, Adv.
Ms. Shivani Lohiya Luthra, Adv. Mr. Akshay Dev, Adv.
Mr. Kapish Seth, Adv.
Mr. Mritunjai Singh, Adv.
Mr. Sasha Maria Paul, Adv.
For Respondent(s) Ms. Aishwarya Bhati, ASG.
Mr. Sarad Singhania, Adv.6
Mr. Vatsal Joshi, Adv.
Mr. S.K. Singhania, Adv.
Mr. Gurmeet Singh Makkar, Adv. Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are allowed in terms of the signed order. Pending applications also stand disposed of.
(SWETA BALODI) (VIDYA NEGI)
COURT MASTER(SH) COURT MASTER (NSH)
(Signed order is placed on the file)