IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S).1024 OF 2024
(ARISING OUT OF S.L.P. (CRIMINAL) NO(S). 15544/2023)
BIMAL RAMGOPAL AGRAWAL @ BIMAL AGARWAL APPELLANT(S)
VERSUS
CENTRAL BUREAU OF INVESTIGATION & ANR. RESPONDENT(S)
O R D E R
Heard the learned senior counsel appearing for the appellant and the learned ASG appearing for the first respondent.
Leave granted.
By the impugned order, an application made by the appellant for grant of bail has been rejected. The appellant along with the co-accused is being prosecuted for the offences punishable under 120B of the Indian Penal Code, 1860 and Sections 7, 12, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. It is not in dispute that the maximum sentence for the said offences is 07 years. The prayer for grant of bail is vehemently opposed by the learned ASG. The learned ASG submitted that it cannot be ignored that the bail granted to the appellant was cancelled on the grounds which are of very serious nature. She further submitted that the trial is stayed at the instance of the other accused. Therefore, even if the present appellant withdraws the application filed by him before the High Court, there are no prospects of the trial even commencing in near future.
As stated earlier, the maximum punishment can be of 07 years of imprisonment. The appellant has undergone incarceration for a period of 02 years and 01 month. By an order dated 15 th November, 2022 passed in SLP (Crl.) No.9775/2022, this Court, while dismissing the Special Leave Petition filed by the appellant, granted liberty to the appellant to apply for fresh bail after a reasonable time/four months.

As there are 182 witnesses, the trial is not likely to be concluded before the appellant undergoes the entire sentence. The appellant has given an undertaking on oath, which is placed on record. Paragraphs 1 to 4 of the said undertaking read thus:
UNDERTAKING ON OATH

1. I unconditionally undertake to withdraw the Special Criminal Application no. 1060 of 2023 filed by me, which is pending before the Honble Gujarat High Court, in which I have challenged the Order dated 07.01.2023 passed by the Special CBI Court no.2, Ahmedabad in CBI
Special Case no.6 of 2017 below Exh. 432, pertaining to non-supply of certain documents to the petitioner by CBI. In the said petition, an order dated 02.02.2023 has been passed by the Hon’ble Gujarat High Court staying the further proceedings of the trial. As stated above, I shall withdraw the said application being Special Criminal Application no. 1060 of 2023.

2. I further unconditionally undertake not to influence any person cited as witness in the Chargesheet dated 18.04.2017 filed before the Special CBI Court no.2, Ahmedabad in CBI Special Case no.6 of 2017 as also the Supplementary Chargesheet dated 27.10.2020.
3. I further unconditionally undertake not to, in any way, hinder the progress of the trial in CBI Special Case no. 6 of 2017 pending before the Special CBI Court No. 2, Ahmedabad and shall cooperate in the progress of the same.

4. That the Hon’ble Court may be pleased to take my undertaking as mentioned above and further be pleased to release me on bail. This Hon’ble Court may be pleased to impose any further conditions as this Hon’ble Court may deem fit.

In terms of the aforesaid undertaking, we dismiss the Special Criminal Application No.1060/2023 filed by the appellant before the High Court of Gujarat. We are of the view that the appellant is entitled to be enlarged on bail, pending the trial. For that purpose, we direct that the appellant shall be produced before the Trial Court within a period of 10 days from today. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions, till the conclusion of the trial. The terms and conditions shall be fixed after hearing the prosecution. While finalising the terms and conditions, the aforesaid undertakings given by the appellant shall be incorporated as the terms and conditions in the order granting bail to the appellant. We make it clear that in the event the appellant commits any breach of the undertaking or the liberty granted, it will be open for the respondents to apply for cancellation of bail. The Appeal is allowed in the above terms.
……………………..J.
(ABHAY S.OKA)

……………………..J.
(UJJAL BHUYAN)
NEW DELHI;
FEBRUARY 19, 2024.
CRIMINAL APPEAL NO(S).1024 OF 2024 3

ITEM NO.15 COURT NO.7 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 15544/2023
(Arising out of impugned final judgment and order dated 10-11-2023 in CRLMA No. 7350/2023 passed by the High Court of Gujarat at Ahmedabad)
BIMAL RAMGOPAL AGRAWAL @ BIMAL AGARWAL Petitioner(s)
VERSUS
CENTRAL BUREAU OF INVESTIGATION & ANR. Respondent(s)
(IA No.250171/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT AND IA NO.256835/2023 � PERMISSION TO FILE ADDITIONAL
DOCUMENTS)

Date : 19-02-2024 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE ABHAY S. OKA
HON’BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv.
Mr. Siddharth Dave, Sr. Adv.
Ms. Devanshi Singh, Adv.
Ms. Samten Doma Lachungpa, AOR
Ms. Ranjeeta Rohatgi, Adv.
Mr. Prastut Dalvi, Adv.
Mr. Aditya R. Parikh, Adv.

For Respondent(s) Mrs. Aishwariya Bahti, A.S.G.
Mr. Mukesh Kumar Maroria, AOR
Mrs. Chitrangda Rastravara, Adv.
Mrs. Shagun Thakur, Adv.
Mr. Rajat Nair, Adv.
Mr. Shantnu Sharma, Adv.
Mrs. Rajeshwari Shankar, Adv.

Ms. Swati Ghildiyal, AOR
Ms. Devyani Bhatt, Adv.

UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The Appeal is allowed in terms of the signed order. The operative portion of the order reads thus: We are of the view that the appellant is entitled to be enlarged on bail, pending the trial.
For that purpose, we direct that the appellant shall be produced before the Trial Court within a period of 10 days from today. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions, till the conclusion of the trial. The terms and conditions shall be fixed after hearing the prosecution. While finalizing the terms and conditions, the aforesaid undertakings given by the appellant shall be incorporated as the terms and conditions in the order granting bail to the appellant.

We make it clear that in the event the appellant commits any breach of the undertaking or the liberty granted, it will be open for the respondents to apply for cancellation of bail. The Appeal is allowed in the above terms.

Pending applications stand disposed of accordingly.
(ASHISH KONDLE) (AVGV RAMU)

COURT MASTER (SH) COURT MASTER (NSH)
[THE SIGNED ORDER IS PLACED ON THE FILE]
CRIMINAL APPEAL NO(S).1024 OF 2024 5