Kishan Chand vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(UK) 2

RAVINDRA MAITHANI
Kishan Chand – Appellant
Versus
State of Uttarakhand – Respondent

Advocates appeared:
Tapan Singh, Advocate, Lalit Miglani, Advocate, Sonika Khulbe, Advocate

JUDGMENT

Ravindra Maithani, J. - Applicant Kishan Chand is in judicial custody in Case Crime No.6 of 2022, under Section 409, 420, 466, 467, 468, 471, 120-B, 34 IPC and Sections 13(1)(A) and Sections 13(2) of the Prevention of Corruption Act, 1988 (Amended Act, 2018), Vigilance Establishment Sector Haldwani, District Nainital. He moved a bail application in the court of competent jurisdiction, which is listed for hearing on 27.01.2023. Now, the applicant has approached this Court for short term bail application.

2. Heard learned counsel for the parties through video conferencing and perused the record.

3. At the very outset, the Court wanted to know from learned counsel for the applicant, as to why the short term bail has not been sought from the court, where the regular bail application of the applicant is pending? How two bail applications simultaneously in two courts are maintainable? There is no reply to it.

4. Learned counsel for the applicant would submit that, in fact, the applicant has moved a short term bail application in the court below on 17.01.2023, but no order has been passed on the application because it was told that the Presiding Officer of the court is on vacation.

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