TMI Blog2021 (6) TMI 217X X X X Extracts X X X X X X X X Extracts X X X X ..... lth of the country. The first bail application of the applicant was rejected by this Court on 03.01.2020 taking into consideration the gravity of offence and the nature of allegation against the applicant. After dismissal of first bail application, there are no change in circumstances - the second application filed under Section 439 of the Code of Criminal Procedure is rejected. - MCRC No. 5692 of 2020 - - - Dated:- 9-12-2020 - HON'BLE SMT. JUSTICE RAJANI DUBEY For Applicant. : Shri K.A. Ansari, Sr. Advocate assisted by Smt. Meera Ansari and Shri Aman Ansari, Advocates. For Respondent. : Dr. Saurabh Kumar Pande, Advocate. Hon'ble Smt. Justice Rajani Dubey Order on Board 1. The applicant has filed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that while he was posted as In-charge Executive Engineer, Water Resources Division Bilaspur, a public servant, in conspiracy with other accused, prepared forged documents and records and thereby misused and abused his official position and not only caused financial loss to the Government but also amassed huge wealth through corrupt means which is alleged to be disproportionate to his known sources of income. Based on this, offence has been registered. The present applicant has been taken into custody on 11.10.2018. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that vide order dated 23.08.2019 passed in MCRC No.4706/2019, this Hon'ble Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submits that medical reports of the applicant which have been filed clearly demonstrate that the applicant is suffering from serious ailments and he is susceptible to the COVID-19 and his life is in jeopardy. The applicant is in judicial custody since 20.03.2015 except for the brief period when he was granted temporary bail by Hon'ble Supreme Court, and this High Court had also granted bail for medical treatment for limited period of 20 days. It is also submitted that at the time of 1st bail application in connection with PMLA case, which was dismissed, there was no widespread prevalence of COVID-19 but at present the picture is very gloomy as is apparent from the reports. It has been further submitted by learned counsel that taking in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that where there is delay in trial, the bail should be granted to the accused and pre-trial detention is not permissible. 5. On the other hand, learned counsel for respondent opposing the bail application submits that first bail application of the applicant was dismissed on merit on 03.01.2020 and there is no change in the circumstances. He further submits that the prosecution has taken all the endevour for speedy trial of the case but due to COVID-19 pandemic and the legal impediment which is being raised by the applicant from timeto- time, in particular, the jurisdiction to try the case, the delay occurred in trial. So far as medical condition of the applicant is concerned, learned counsel for respondent submits that there is no such d ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
