(Ranjan Gogoi, C.J. and Deepak Gupta and Sanjiv Khanna, JJ.)
Zahur Haider Zaidi _________________________________ Appellant;
v.
Central Bureau of Investigation ______________________ Respondent.
Criminal Appeal No. 605 of 2019 [Arising out of S.L.P.(Crl.) No. 2123 of 2018], decided on April 5, 2019
The Order of the court was delivered by
Order
1. Leave granted.
2. We would presently consider whether the accused-appellant Zahur Haider Zaidi is entitled to be released on bail. The issue of transfer of case would be considered on a subsequent date after hearing all the accused.
3. Our attention has been drawn to the allegations against the accused-appellant and that he is in custody for the last 19 months. Though the accused-appellant is facing charge under Section 302, we are told that the trial has not made substantial progress beyond the framing of the charge. Completion of trial will take some time.
4. The only apprehension expressed on behalf of the Central Bureau of Investigation is that the appellant being a highly placed police officer may intimidate and win over witnesses and influence them.
5. We are of the view that the bail ought not to be denied on the aforesaid ground and in the event of any such conduct, the prosecution can always approach the competent court for cancellation of bail.
6. Taking into account the allegations, the period of custody suffered and likely time that may be taken for completion of trial, we are of the view that the accused-appellant should be released on bail in connection with FIR No. RC SI 2017 S0009 CBI/SC-I/New Delhi, on satisfaction of the appropriate condition(s) as may be imposed by the learned trial court. The order of the High Court is set aside. The appeal is disposed of to the aforesaid extent.
7. List the matter after two weeks for hearing on the issue of transfer.
Petition(s) for Special Leave to Appeal (Crl.) No. 2123/2018
Zahur Haider Zaidi _______________________________ Petitioner(s)
v.
Central Bureau of Investigation ______________________ Respondent
(With appln.(s) for interim relief, exemption from filing O.T., permission to file additional documents/facts/Annexures)
Date : 05-04-2019 These matters were called on for hearing today.
(Before Ranjan Gogoi, C.J. and Deepak Gupta and Sanjiv Khanna, JJ.)
For Petitioner(s) Mr. Kapil Sibal, Sr. Adv.
Mr. Sidharth Luthra, Sr. Adv.
Mr. Aman Arora, Adv.
Ms. Ruchira Gupta, Adv.
Mr. Anurag Sharma, Adv.
Mr. Kumar Vaibhaw, Adv.
Mr. Shivanshu Singh, Adv.
Mr. Manoj, Adv.
Mr. Divyam Agarwal, AOR
For Respondent(s) Mr. Tushar Mehta, SG
Ms. Aishwarya Bhati, Sr. Adv.
Mr. Nikhil Goel, AOR
Ms. Naveen Goel, Adv.
Mr. Ashutosh Ghade, Adv.
Ms. Shraddha Deshmukh, Adv.
Mr. Arvind Kr. Sharma, Adv.
For Accused No. 1 M/s. Equity Lex Associates
For Accused No. 2 & 3 Mr. Chinmaya Pradeep Sharma, Adv.
Mr. Anil Kumar Chandel, Adv.
Ms. Astha Tyagi, AOR
For Accused No. 4-8 Mr. Abhay Kumar, AOR
Mr. Himanshu Pal Singh, Adv.
Mr. Saurabh Mishra, Adv.
Mr. Vineet Kumar Singh, Adv.
For Accused No. 9 Ms. Vandana Sehgal, AOR
UPON hearing the counsel the Court made the following
ORDER
8. Leave granted.
9. In terms of the signed order, the accused-appellant should be released on bail in connection with FIR No. RC SI 2017 S0009 CBI/SC-I/New Delhi, on satisfaction of the appropriate condition(s) as may be imposed by the learned trial court. The order of the High Court is set aside. The appeal is disposed of to the aforesaid extent.
10. List the matter after two weeks for hearing on the issue of transfer.
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