Shri. Amresh Kumar Singh S/O. Jagjeevan Singh (In Jail) v. Central Bureau Of Investigation Thr. CBI/Acb, Nagpur Dist. Nagpur

1 901APPA 498.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPA NO. 498 OF 2020 Amresh Kumar Singh s/o Jagjeevan Singh ..vs..

Central Bureau of Investigation, thr. CBI, Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.B. Naidu, Advocate for appellant.

Shri M.R. Chandurkar, Advocate for respondent. CORAM : VINAY JOSHI, J.

DATED : 15/12/2020 Heard.

2.

The appellant who is convicted under Prevention of Corruption Act has prayed for early hearing. The appellant a public servant was dismissed from his service by virtue of order of conviction passed under the Prevention of Corruption Act, 1988 (for short ' the P.C.

Act'

). The appellant would urged that since he has been dismissed from the service, he has no source of income and unable to meet both ends. He has also contented that, he is near-about 60 years and facing prosecution since 2011, hence requested for early hearing. The State opposed this application by pointing out that earlier order of this Court dated 03.10.2019 under which the similar prayer was rejected by this Court. It is submitted that there are no change in the circumstances so as to again revive the prayer made for early hearing. Besides that learned Counsel for the respondent expressed her readiness to argue the matter, if the application is allowed.

2 901APPA 498.2020 3.

Undisputedly, the accused a public servant was dismissed from service. Naturally, the fate of the appellant largely depend upon the decision on this appeal. True, this Court prior to one year has rejected the similar prayer but that would not come in the way for revival of the prayer once-again. There is no reason to doubt the appellants contention that due to dismissal, he is facing financial crisis.

4.

Having regard to the said reason and his age, the appeal be fixed for final hearing after four weeks. JUDGE Trupti