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Judgment
Heard Mr. S.C. Biswas, learned counsel appearing for the applicant and Mr. SC Keyal, learned Public Prosecutor, CBI for the respondent.
The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between
the staff, Advocates and the Presiding Judge.
The application filed in context of Special CBI Case No.06(B)/2012 under Sections 147/148/149/325/326/302 I.P.C., corresponding to Bijni P.S.
Case No.187/12, GR 345/12, prays for extension of time to the applicant to surrender.
It has been pleaded on behalf of the applicant that earlier time was extended vide order dated 2.1.2020 by coordinate bench of this Court while
dealing with I.A. (Crl) No.1070/2019. Subsequently, lockdown was ordered, and also the applicant was arrested in another case. Under constrained
circumstances, the applicant could not surrender within the time stipulated by the Court.
The Court has raised a query as to on which date the applicant was released on bail in the other case, which constrained him in not surrendering in
the case in hand.
Neither order of the bail has been placed nor the date of release on bail has been given by the learned counsel for the applicant to the Court.
Backdrop of case are required to be considered in this case. It appears that in CBI Case No.06(B)/2012 (supra), the applicant initially filed A.B.
No.3959 of 2019. The following order was passed on 8th November, 2019 :
“1. The application has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in Special CBI Case No. 06(B)/12 u/s 147/ 148/ 149/
325/326/302 IPC.
Contention of learned counsel for the applicant is that the applicant was not aware of the criminal proceedings going on. The FIR relates to the year
2012. It has come to his notice now that trial is going on.
Contention of learned counsel for the applicant is that the applicant would surrender before the Trial Court and submit to its jurisdiction. Applicant
would file an application for regular bail under Section 439 Cr.P.C. before the Trial Court.
In case the applicant surrenders before the Trial Court within fifteen days from today and files an application for regular bail under Section 439
Cr.P.C., the bail court shall consider the application and take a decision thereon within ten working days.
The application is disposed of in the above terms.â€
In deference to the above extracted order, it was reasonably and legally expected of the applicant to have surrendered before the Trial Court on or
before 23rd November, 2019. It is apparent that in total disregard to law and in abuse of direction of the Court, the applicant did not surrender. Rather,
I.A. (Crl.) No.1070 of 2019 was filed. On 2nd January, 2020, the Court again showing indulgence granted 15 days more time from 2nd January, 2020
to surrender.
Thus, under order dated 2nd January, 2020, the applicant was required to surrender on or before 17th January, 2020. The applicant did not do the
same.
The plea that the applicant was arrested and released on bail in another case cannot be accepted in the absence of relevant facts.
Learned counsel for the applicant contends that on account of lockdown, the applicant could not surrender.
The said plea also cannot be accepted because on 17th January, 2020, the lockdown has not been ordered. Lockdown was ordered in middle of
March, 2020.
Considering the facts and circumstances cumulatively, I am of the view that the applicant has been abusing the process of the Court and,
therefore, is not entitled to any indulgence. It is required to be kept in mind that the crime at issue was reported in the year 2012. The proceedings
have been delayed for eight years by the applicant.
The application is dismissed.