The Supreme Court has dismissed a plea challenging bail granted to a man by the High Court accused in a case of cheating and under various other sections of the Indian Penal Code on account of overcrowding in jail during the Covid pandemic.
The present SLP before the Apex Court was filed by Sanjeev Jain/informant against the bail granted to accused Sahil Kazmi involved in Case under Sections 420, 406, 467, 468, 471 I.P.C.
A two-judge bench of Justices Sanjay Kishan Kaul & M.M. Sundresh observed that it is a fit case for bail and upheld the High Court order.
Counsel Purnima Jauhari AOR, appearing for Petitioner/informant, contended that it is a serious offence for forgery & creating. She said, the High Court granted him bail without making any observation on merits & his bail application was correctly rejected by learned Sessions Judge, Ghaziabad on 08.03.2021.
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Before the High Court on behalf of the accused, senior counsel V.M. Zaidi appeared and argued his client was falsely implicated in the instant case. He further explained the inordinate delay of five years in lodgement of FIR which shows that the same has been lodged as an afterthought to implicate him. He said this is essentially an employer employee dispute since Sahil Kazmi was working as assistant to the informant who is a property dealer. He further explained the criminal history and further contended that he has become a soft target for the police authorities who repeatedly nominate him in a case only to burnish their professional credentials. Moreover if the applicant was granted bail, he shall not abscond and will fully cooperate in the criminal law proceedings. He shall not tamper with the evidence nor influence the witnesses in any manner, submitted the senior counsel.
The High Court had noted that accused/applicant does not have any criminal history apart from the present case and considering the overcrowding of jails during the current pandemic situation and the directions issued by the Apex court (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India), granted bail to accused subject to various conditions.
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The High Court held, “Let the applicant Sahil Kazmi involved in Case Crime No. 164 of 2021 at Police Station-Sihani Gate, District- Ghaziabad under Sections 420, 406, 467, 468, 471 I.P.C. be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
- The applicant will not tamper with the evidence during the trial.
- The applicant will not influence any witness.
- The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
- The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.”
Case Name- Sanjeev Jain Vs The State of Uttar Pradesh.