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2021 Supreme(SC) 900

A.M.KHANWILKAR, DINESH MAHESHWARI
Vikas Chawla – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates appeared:
Mr. Mukul Rohtagi, Sr. Advocate, Mr. Rakesh Munjal, Sr. Advocate, Mr. Vijay Aggarwal, Advocate, Mr. Mudit Jain, Advocate, Mr. Yugant Sharma, Advocate, Ms. Barkha Rasstogi, Mr. Akbar Siddique, Advocate, , for the Appellant; Mr. S.V. Raju, ASG, Ms. Sairica Raju, Ms. Swarupama Chaturvedi, Mr. Adit Khorana, Mr. Samir Singh Kachwaha, Mr. Arvind Kumar Sharma, Advocate, Mr. Ratnakar Dash, Sr. Advocate, Mr. Adarsh Upadhyay, Advocate, for the Respondent.

ORDER

1. Leave granted.

2. This appeal takes exception to the judgment and order dated 21.09.2020 passed by the High Court of Allahabad, Lucknow Bench in Bail Application No.3817 of 2020, refusing to grant bail to the appellant in connection with FIR No. 540 of 2019 registered against the appellant for offence punishable under Sections 409, 420, 467, 468, 471 and 120-B IPC and Section 13(2) of the Prevention of Corruption Act and later upon transfer of investigation of the crime to CBI, registered as RC0062020A0005 under Sections 409, 420, 467, 468 and 471 IPC.

3. We have heard learned counsel for the parties.

4. It is stated that the appellant is in custody since 07.12.2019.

5. Considering the fact that all other co-accused who were instrumental in involving the appellant to enter into transaction of receiving the crime money from the account of Deewan Housing Finance Limited (for short 'DHFL') as brokerage charges, as has been done in the case of other brokers, are already on bail. Further, the charge-sheet against the appellant has already been filed in March, 2020 and it is not the case of the prosecution that further investigation qua the appellant is still pending.

6. Taking

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