PRADEEP SHUKLA Vs. CENTRAL BUREAU OF INVESTIGATION
LAWS(ALL)-2014-5-73
HIGH COURT OF ALLAHABAD
Decided on May 26,2014

PRADEEP SHUKLA Appellant
VERSUS
CENTRAL BUREAU OF INVESTIGATION Respondents




JUDGEMENT

- (1.)The applicant an I.A.S. Officer who was Incharge of the National Rural Health Mission Programme is accused in the scam relating to the allegations of misappropriation of huge government funds and has prayed for bail in this third bail application.
(2.)It would not be necessary to repeat all the facts in relation to the commission of the alleged offence by the applicant which has been mentioned in detail in the rejection order dated 31st May, 2013 in the applicant's first bail application, and also the details of the prima facie evidence collected which are narrated by a learned Single Judge of this Court in the judgment dated 19.2.2013 referred to hereinafter.
(3.)On the chargesheet being filed the applicant alongwith other co-accused in the case, including one Sri Ravindra Rai, filed 482 applications before the High Court for quashing of the chargesheet. The said 482 applications including application no. 1143 of 2013 filed by the applicant were all dismissed by a learned Single Judge of this Court on 19.2.2013. This judgment of the High court is Devendra Mohan Vs. C.B.I. and others, 2013 4 ADJ 620. One of the co-accused Ravindra Rai filed a Special Leave to Appeal before the Apex Court against the said judgment of the learned Single Judge which is reported to have been withdrawn by him under the following order:-
"ITEM NO.12 COURT NO.5 SECTION II

SUPREME COURT OF INDIA

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl) No(s).2060/2013

(From the judgment and order dated 19/02/2013 in AN No.43303/2012, of THE HIGH COURT OF JUDICATURE AT ALLAHABAD)

RAVINDRA RAI Petitioner(s)

VERSUS

CBI/EOU-IV/NEW DELHI Respondent(s)

With SLP (Crl) No.2061 of 2013

(With appln (s) for ex-parte stay, exemption from filing O.T. and office report)

WITH SLP (Crl) NO. 2061 of 2013

(With appln. for ex-parte stay and exemption from filing O.T. and office report)

Date: 22/03/2013 These Petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE H.L. DATTU

HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR

For Petitioner (s) Mr. U.U. Lalit, Sr. Adv.

Mr. Shakil Ahmed Syed, Adv.

Mr. Nandit Kumar Srivastava, Adv.

Mohd. Yasir Abbasi, Adv.

Mr. Vinod Rai, Adv.

Mohd. Moonis Abbasi, Adv.

For Respondent (s)

UPON hearing counsel the Court made the following

ORDER

Shri U.U. Lalit, learned senior counsel appearing for the petitioners seeks permission of the Court to withdraw the special leave petitions.

Permission sought for is granted. The special leave petitions are disposed of as withdrawn."

It appears that the applicant was refused bail by the court below whereafter he filed his first bail application before the High Court being Application No. 13938 of 2013. The same has been rejected on merits by a learned Single Judge of this Court on 31st of May, 2013.

The applicant assailed the said bail rejection order by filing special leave to appeal no. 4974 of 2013 that was withdrawn by the applicant on 5th July, 2013 and the Apex Court passed the following order:-

"ITEM NO.2 COURT NO.12 SECTION II

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

RECORD OF PROCEEDINGS

CRL.M.P. NO.12648/2013 in

Petition(s) for Special Leave to Appeal (Crl) No(s).4974/2013

(From the judgement and order dated 31/05/2013 in CRMBA No.13938/2013 of the HIGH COURT OF JUDICATURE AT ALLAHABAD)

PRADEEP SHUKLA Petitioner(s)

VERSUS

C.B.I Respondent(s)

(For bail and Crl.M.P. No.13625/2013 application for permission to withdraw the SLP and office report)

Date: 05/07/2013 This Petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE H.L. GOKHALE

HON'BLE MR. JUSTICE MADAN B. LOKUR

For Petitioner(s) Mr. Rakesh Dwivedi,Sr.Adv. Mr. Garvesh Kabra,Adv.

For Respondent(s) Mr. Siddharth Luthra,ASG

Mr. B.V. Balaram Das,Adv.

Mrs. Supriya Juneja,Adv.

Mr. Dinesh K.,Adv.

Mr. Gurmohan Singh Bedi,Adv.

Mr. Dinesh Kothari,Adv.

UPON hearing counsel the Court made the following

O R D E R

Mr. Rakesh Dwivedi, learned Senior Counsel appearing for the petitioner, prays that Crl. M.P. No.13625 of 2013 application for permission to withdraw the Special leave Petition be allowed. Mr. Luthra, learned Additional Solicitor General appearing for the C.B.I., has no objection to that. Accordingly, Crl. M.P. No.13625 of 2013 is allowed and consequently, the Special Leave Petition shall stand dismissed as withdrawn.

It will be open to the respondent to apply to the Trial Court to proceed with the trial at the earliest, preferably on day-to-day basis."

(A.S. BISHT) (SNEH LATA SHARMA)

COURT MASTER COURT MASTER"



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