- (1.) Heard learned counsel for appellant, Sri Jitendra Prasad Mishra holding brief of Sri Gyan Prakash for C.B.I. and perused the impugned judgment and order. The instant criminal appeal has been filed against the judgment and order dated 31.10.2018 passed by Special Judge (P.C. Act) C.B.I., Court No.1, Ghaziabad in Special Case No.37 of 2011 (C.B.I. Vs. S.N. Bala Subramaniam and others), arising out of RC No. 0072006A0007, under Sections 120B, 420 of I.P.C. and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988, Police Station- C.B.I. A.C.B. Dehradoon, District-Ghaziabad.
(2.) Submission of learned counsel for appellant/applicant is that the accused has been convicted for five years, which is maximum sentence. It is submitted by learned counsel for the applicant that during trial he was on bail, out of the several cheques which have been accepted issued eight cheques were honoured and, therefore, on merits there are chance of succeeding this case. It is next submitted that if the appellant released on bail he does not go outside the India and whenever the Court ordered to appearing, he would appear. It is lastly submitted by learned counsel for the applicant is that applicant is wholly innocent and he has been falsely implicated in the present case.
(3.) Sri Jitendra Prasad Mishra appearing for C.B.I. has vehemently opposed the bail application and submitted that Bank Manager in collusion with the proprietor, namely, Sachin Singhal has committed this crime and there is fraud of Rs.69 lakhs and, therefore, he has opposed the application seeking bail, pending appeal of both the convicts.;