1

ITEM NO.3 COURT NO.9 SECTION II­B

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) No.9768/2022

(Arising out of impugned final judgment and order dated 13­07­2022

in FBA No. 336/2022 passed by the High Court of Uttarakhand at

Nainital)

JAGDISH CHANDRA Petitioner(s)

VERSUS

THE STATE OF UTTARAKHAND Respondent(s)

(FOR ADMISSION and I.R. and IA No.156348/2022­EXEMPTION FROM FILING

O.T.)

WITH

SLP(Crl) No. 1386/2023 (II­B)

(FOR ADMISSION and I.R. IA No.13020/2023­PERMISSION TO FILE

ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES)

Date : 02­03­2023 These petitions was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SURYA KANT

HON'BLE MR. JUSTICE J.K. MAHESHWARI

For Petitioner(s)

Mr. Shuvodeep Roy, AOR

Mr. Manoj Goel, Sr. Adv.

Mr. Naman Kamboj, Adv.

Mr. Kumar Abhishek, Adv.

Mr. Sai Shashank, Adv.

Mr. Deepayan Dutta, Adv.

Mr. Ashutosh Kumar Sharma, AOR

Mr. Manoj Kumar Dwivedi, Adv.

For Respondent(s)

Mr. Manu Padalia, Adv.

Mr. Ankur Prakash, AOR

UPON hearing the counsel the Court made the following

O R D E R

1.

Exemption Application is allowed.

Digitally signed by

VISHAL ANAND

Date: 2023.03.02

16:23:16 IST

Reason:

Signature Not Verified

2

2.

The petitioners seek their enlargement on regular bail in

First Information Report No.001/2022 dated 06­01­2022 under

Sections 409, 420, 467, 468, 471, 477A and 120B of the Indian Penal

Code (IPC) and Section 13(1)(c)(d)/13(2) of the Prevention of

Corruption Act, 1988 and 13(1)(a) of the Prevention of Corruption

(Amendment) Act, 2018 registered at Police Station Narendra Nagar,

District Tehri Garhwal, Uttarakhand. The petitioners were working

as Treasury Officer and Class­IV employee (Bundle Lifter)

respectively in the Treasury Office in Narendra Nagar, Uttarakhand.

They are alleged to have embezzled a sum of Rs.11,29,329/­ and

Rs.5,13,542/­ respectively. The first Petitioner (Jagdish Chandra)

was arrested on 07­01­2022 whereas the second Petitioner (Dinesh

Prasad) on 28­02­2022.

3.

It is also averred that the misappropriated amount has been

later on deposited in the treasury account.

4.

The investigation is already complete and charge­sheet has

been filed. The charges could not be framed for the reason that one

of the accused is stated to be absconding.

5.

Since the trail is yet to commence, it will take some

reasonable time in conclusion thereof.

6.

Taking into consideration all these facts, but without

expressing any views on the merit of the case, we are inclined to

enlarge the petitioners on bail.

7.

The petitioners are, therefore, directed to be released on

bail, subject to their furnishing bail bonds to the satisfaction of

the learned Trial Court.

8.

The Special Leave Petitions are disposed of in above­terms.

9.

Pending application also stands disposed of.

(VISHAL ANAND) (PREETHI T.C.)

ASTT. REGISTRAR­cum­PS COURT MASTER (NSH)