Bhushan Kumar, v. Union Of India Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the First day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.2253 of 2021 IN CRL.A.No.593 of 2016 BHUSHAN KUMAR, [PETITIONER/APPELANT/ ACCUSED NO.4] Vs UNION OF INDIA REP.BY [RESPONDENT/COMPLAINANT] THE INSPECTOR OF POLICE, CBI/EOW/CHENNAI.

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Appeal Case No.593 of 2016 on the file of the High Court, the High Court will be pleased to condone the absence of the petitioner in complying the conditions on three hearings and may be pleased to permit the petitioner to comply with the condition imposed by this Hon'ble Court in Crl.MP.No.14575/2017 dated 23.11.2017 in Crl.A.No.593/2016 directing the petitioner to report before XI Additional City Civil Sessions Judge (CBI Cases, relating to Bank and financial Institutions), Chennai, once in three months on the firsst working day, pending disposal of the above Criminal Appeal No.593 of 2016. Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.Appeal Case No.

593 of 2016 on the file of the High Court and upon hearing the arguments of M/S.K.P.ANANTHA KRISHNA Advocate for the petitioner and of M/S.K.SRINIVASAN, Special Public Prosecutor For CBI Cases on behalf of the Respondent the court made the following order:- The Criminal Miscellaneous Petition has been filed, seeking to condone the absence of the petitioner in complying with the conditions on three hearings and to permit the petitioner to continue in complying with the conditions imposed by this Court in Crl.M.P.No.14575 of 2017 dated 23.11.2017 in Crl.A.No.593 of 2016, directing the petitioner to report before the XI Additional City Civil Sessions Judge (CBI Cases, relating to Bank and Financial Institutions), Chennai, once in three months on the first working day.

2. The learned Counsel for the petitioner would submit that the petitioner was all along regularly complying with the conditions. However, during Covid pandemic situation, the petitioner was unable to appear before the trial Court during April, July and October 2020 and thereby, in the month of January 2021, the petitioner was not permitted to appear and the trial Court had directed the petitioner to get the absence condoned by this Court.

3. The learned Additional Public Prosecutor would submit that the petitioner was earlier regularly appearing before the Court. However, he did not appear before the Court during the Months of April, July and October 2020.

4. Taking into consideration of the above facts and submissions, this Court is satisfied with the reasons stated in the affidavit filed in support of this petition. The absence of the petitioner during the Months of April, July and October 2020 is condoned and the petitioner is permitted to continue in complying with the condition as directed by this Court in Crl.M.P.No.14575 of 2017 in Crl.A.No.593 of 2016 dated 23.11.2017, starting from first working day of April 2021.

5. Accordingly, this petition is ordered.

-sd/- 01/03/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE XI ADDITIONAL CITY CIVIL SESSIONS JUDGE, [CBI CASES, RELATING TO BANK AND FINANCIAL INSTITUTIONS], CHENNAI.

2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, CBI/EOW/CHENNAI.

+1 C.C. to M/S.K.P.ANANTHA KRISHNA Advocate on payment of necessary charges SR NO. 2558 Order in CRL MP.2253/2021 in CRL A.593/2016 Date :01/03/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MN-04/03/2021