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2012 Supreme(Del) 147

MUKTA GUPTA
Suresh Kalmadi – Appellant
Versus
CBI – Respondent


Advocates appeared:
For the Appellants:Mukul Rohtagi, Sushil Kumar, Sidharth Luthra, Sr. Advocates, Hitesh Jain, Sidharth Aggarwal, Sheyl Trehan, Diya Kapur, Nikhil Pillai and Aditya Wadhwa, Advocates.
For the Respondents:Dayan Krishnan and Gautam Narayan, Spl Counsels, Nikhil Menon, Advocates.

Judgment :

1. By these petitions the Petitioners seek bail in case FIR bearing RC-DAI-2010-A-0044 for offence under Section 120B read with Sections 420/467/468/471 IPC and Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 (in short “PC Act”).

2. Learned counsel for the Petitioner Suresh Kalmadi contends that the Petitioner was arrested on 24th April, 2011 and the charge sheet was filed on 20th May, 2011. All the offences alleged against the Petitioner are at the most punishable upto seven years except for offence under Section 467 IPC. As per the allegations set out in the charge sheet no offence under Section 467 IPC is made out against the Petitioner. Further the allegation qua forgery relates to insertion of an advertisement wherein instead of the words “Timing, Scoring or/and Result”, the words “Timing, Scoring and Result” were used, the cost of which advertisement was only Rs.69,603/-which was not cleared by the Petitioner. There is no delay in the trial on account of the Petitioner. In fact after filing the charge sheet the CBI has twice filed applications as late as on 24th September, 2011 and 3rd November, 2011 for placing additional docum





















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