Law: Criminal Procedure Code (V of 1898)

Section: 497(1)

Law: Penal Code (XLV of 1860)

Section: 409, 419, 420, 468, 471, 472, 473, 109, 34

Law: Prevention of Corruption Act (II of 1947)

Section: 5(2)

 (a) Criminal Procedure Code (V of 1898) S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 409, 419, 420, 468, 471, 472, 473, 109 & 34---Prevention of Corruption Act (II of 1947), S. 5(2)---Criminal breach of trust by public servant, cheating by personation, cheating and dishonestly inducing someone to deliver property, forgery for the purpose of cheating, use of a forged document as genuine, counterfeit seals, making or possessing a counterfeit seal or instrument with the intent to commit forgery, abetment, common intention, criminal misconduct---Statutory delay in conclusion of trial---Accused sought their bail on the ground of delay in conclusion of trial---Held: Allegations against the accused-petitioners were that they being Administrators and Officers of the Cooperative Societies Department, in active connivance with a land grabber illegally usurped the Society, misplaced original records, filed fake memberships before Court, engineered elections in September 2020 and installed a dummy management, thereafter, bogus plot files were prepared and sold to the public, crime proceeds of approx. Rs.130 million were laundered through various accounts and two properties were purchased in an other Society---In the instant case, the applicants were charged with offences punishable under Ss.409/419/420/ 471/472/473/109/34, P.P.C. read with S.5(2) PCA-II, 1947, which were not punishable up to death, hence their bail plea was covered under part(a) of the third proviso to S.497(1), Cr.P.C.---Said provision provided that if an accused remained detained exceeding one year without conclusion of trial, the law mandated his release on bail---For the purposes of commencement of time under the third proviso to S.497(1), Cr.P.C., period for the conclusion of the trial was to be calculated from the date of the arrest/detention of the accused and it was of little importance as to when the charge was framed and the trial commenced---In the absence of any material to the effect that the applicants were previously convicted, on a tentative assessment, the applicants did not appear to fall under the parameters of hardened, desperate or dangerous criminals---Certified…