R.PRASAD, J. - (1.) HEARD learned Counsel appearing for the appellant and learned Counsel appearing for the CBI on the matter of bail.
(2.) LEARNED Counsel appearing for the appellant submitted that the appellant has been convicted for the offences under Sections 420, 467, 468, 471 read with Sections 465, 477 -A and 120(B) of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and was awarded maximum sentence for six years for one of the offences on the allegation that the appellant while was posted as General Manager in cattle farm, Hotwar from 1.12.1994 to 30.4.1995 passed invoices for payment and had issued supply orders on the basis of forged allotment letters but the Investigating Officer (PW 117) has admitted in his cross -examination that no forged allotment letters had been issued during the tenure of the appellant and as such the appellant had no knowledge about any forged allotment letter and that the appellant had only counter -signed the bills which, in the facts sand circumstances, never go to show the culpability of the appellant. Learned Counsel appearing for the appellant further submitted that moreover for the same charges the appellant was put to trial in other case where the appellant has been convicted and therefore, any order of conviction and sentence with respect to the same charges is quite illegal.
(3.) IT was also submitted that the appellant being quite old has been suffering from so many diseases such as Diabetic, Hypertension, Prostate Cancer and also suffering from Kidney problem and therefore, this Court at one point of time had even granted provisional bail to the appellant for the treatment of the diseases and as such, the appellant needs to lead restricted life which is not possible in the jail and hence, the appellant be admitted on bail.;