CRLMB6608/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.6608/2010 Sharwan Kumar Swami Vs. State (CBI) through Public Prosecutor, CBI Date of Order ::: 27.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri R.K. Jain, Counsel for petitioner Shri Tej Prakash Sharma, Spl. PP for CBI #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that only because the petitioner happened to be the head cashier in the Bank at the relevant time when the physical verification of the packets of currency notes was made in the chest of the bank and for that he has been singled out for being made an accused. No physical verification of such packets of currency notes was made in between 2005 to 2009. The petitioner proceeded on leave on 04.11.2009. The checking was made behind his back on 11.11.2009 wherein certain packet of currency notes denomination of Rs.500/- were found lesser than required number of notes i.e. 100 notes in each packet; the shortage amount of Rs.5,49,500/- had to be deposited by the petitioner, although under protest but this cannot be taken as admission of guilt. The petitioner cannot be held responsible for the alleged shortage of notes in the packets of currency notes. Challan has been filed; petitioner is in jail for quite some time; trial of the case will take a long. CRLMB6608/2010 // 2 // Learned Public Prosecutor opposed the bail application and submitted that the petitioner was head cashier at the relevant time and therefore he was responsible for counting the packets of the currency notes. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Sharwan Kumar Swami Son of Shri Rajesh Kumar Swami on bail under Section 439 Cr.P.C., in FIR No.RC/JAI/2010/A/0003, dated 06.01.2010, Police Station C.B.I., Jaipur, under Section 409 IPC and 13(2) read with 13(1)(c) of the Prevention of Corruption Act, 1988, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//