Judgment M.L.Singhal, J. 1. FACTS : During the period between July, 1996 to November, 1996 when Sh. R.K. Ranga was posted as Senior Regional Manager of the Food Corporation of India, Haryana Region, Chandigarh, the Government policy for sale of wheat known as "Open Market Sale Scheme (Domestic)" for short "OMSS(D)" was violated. Shri R.K. Ranga entered into criminal conspiracy with Surinder Kumar Tikku co-accused. In pursuance of the said criminal conspiracy, he demanded and accepted illegal qualification worth Rs. 26.55 lacs during the period July, 1996 to November, 1996. Originally case was registered at Police Station Civil Lines, Rohtak vide FIR No. 10 dated 6.1.1997 under Sections 3(i)(B) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 and Section 7(1) of Essential Commodities Act, 1955 and Sections 420/199/200/109 and 120-B of the Indian Penal Code on the complaint of one Narain Parshad Goel of Anaj Mandi, Rohtak. 2. As per Narain Parshad Goel, wheat is allocated to the Haryana Government by the Government of India under the OMSS(D). In Haryana this wheat was distributed as per the directions of Shri R.K. Ranga, Senior Regional Manager, FCI, Haryana Region, Chandigarh. Sh. R.K. Ranga had distributed almost 70/80% of total wheat to the Roller Flour Mills alone. As per him, it was being rumoured that wheat was allotted through his agent Sh. Om Narain, only to their agents on payment of Rs. 30/- per bag. Since wheat was allotted only to their agents, wheat could not be given to the traders for the month of August, 1996 whereas the traders sell wheat to the ordinary consumers. For this reason, FCI had to extend the date for sale of wheat upto September, 15. As per him, Sh. Ranga had created three categories viz. Flour Mills, Atta Chakkis and Traders and thereby he deprived the traders of their basic right which is against the law. He was also a trader in wheat holding HFA No. 549. He deposited a demand draft for the purchase 200 bags of wheat on 29.8.1996 with the FCI Rohtak under the OMSS(D). He handed over that draft/pay order to Sh. Om Narain Sharma who was working as AG-II FCI, Rohtak. At that time, he was accompanied by Rajinder Kumar Bansal, Secretary of Mandi. Om Narain Sharma demanded a bribe at the rate Rs. He handed over that draft/pay order to Sh. Om Narain Sharma who was working as AG-II FCI, Rohtak. At that time, he was accompanied by Rajinder Kumar Bansal, Secretary of Mandi. Om Narain Sharma demanded a bribe at the rate Rs. 30/- per bag and informed that demand of bribe was being made on the instructions of Sh. Ranga. Sh. Narain Parshad Goel refused to accede to his demand for bribe. Om Narain Sharma refused to take the draft and stated in categoric terms that he would not accept any draft/pay order without the payment of Rs. 30/- per bag. He was asked to go out of office. On 6.9.1996 he again purchased a draft for Rs. 28750/- bearing No. 060245 drawn on SBI. Om Narain Sharma stated that he could make complaints against them but he would not accept the draft. He sold his draft to M/s Siri Chand Ram Chander. He came to know that this firm was also not allotted full wheat; the reason being that this firm had also not paid bribe. In October, 5000 bags of wheat were allotted at the rate of Rs. 490/- per quintal to a Flour Mill which was closed for the last 2/3 years. Similarly during the month of November, the same firm was released wheat under the OMSS. Wheat of this firm going to Delhi was detained by Sale Tax Authorities on 29.11.1996 alongwith the GR (bilty). The said owner made a lot of money in one day by selling the wheat in the black market. The firm which was closed for the last 2/3 years had furnished a false affidavit for applying for allotment of wheat under OMS Scheme. It was alleged by Narain Parshad Goel that there are numerous agents who in collusion with employees and authorities are defeating the OMS Scheme and are selling the wheat thus purchased in the black market and earning profit. They are committing serious offence by deceiving the Government by disallowing the wheat/flour to reach the ordinary consumers. 3. One Sh. It was alleged by Narain Parshad Goel that there are numerous agents who in collusion with employees and authorities are defeating the OMS Scheme and are selling the wheat thus purchased in the black market and earning profit. They are committing serious offence by deceiving the Government by disallowing the wheat/flour to reach the ordinary consumers. 3. One Sh. Pawan Kumar Bansal, Staff Correspondent of Jansatta published a news item in various news papers regarding wheat scam, that the wheat intended for free supply for sale to consumers in the State of Punjab and Haryana was illegally sold to several non-existent and defunct firms and traders, who in turn sold the same to other traders outside the States thereby depriving the peoples of the States of Haryana and Punjab, wheat at reasonable and fair price. The price of wheat and atta soared up within the States of Punjab and Haryana. This was the outcome of violation of normal procedure which ought to have been followed by the top officers of the FCI in making allotment of wheat to firms and traders. In the larger interest of the people of these States, media called for proper monitoring of distribution of wheat by the officials of the FCI and the State Governments. This news items was treated as public interest litigation. It was registered as civil writ petition No. 915 of 1997, in which a Division Bench of this Court directed the CBI to probe into the entirety of the transactions spread-over in all the districts of the State of Punjab and Haryana. CBI was directed to take up investigations of all the cases where violation of OMSS(D) Scheme was alleged. Investigation of FIR No. 10 of 1997 was also handed over to the CBI by the Haryana Police. In view of the direction of the Division Bench of this Court, CBI registered RC 6/98/CHG dated 1.1.1998 under Section 120-B IPC read with Section 13(1)(B) and 13 (i) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 relating to the illegalities with regard to the release and disposal of FCI OMSS (D) (Open Market Sale Scheme (Domestic) wheat by the officer/officials of FCI, Haryana Region, Chandigarh and other private persons, which was released in favour of Roller Flour Mills/Parties of the Panchkula Distt. from the FCI Distt. from the FCI Distt. Offices, Kurukshetra and Karnal during the period from July, 1996 to November, 1996. 4. During investigation it was found that Sh. R.K. Ranga while posted and functioning as Senior Regional Manager, FCI Haryana Region, Chandigarh entered into criminal conspiracy with Surinder Kumar Tikku co-accused. In pursuance of the said criminal conspiracy, he demanded and accepted illegal gratification worth Rs. 26.55 approximately in consideration of releasing FCI OMSS(D) wheat during the said period in favour of different parties. During investigation, it was found that a total of around 18200 MTs of wheat was released to 16 parties of Panchkula, by the FCI Distt Offices, Karnal and Kurukshetra during the period from July, 1996 to December, 1996. Of these 7 Roller Flour Mills were issued over 18000 Mts whereas remaining 9 small traders and chakkiwalas were issued the rest of the wheat. During investigation it was found that almost all the Roller Flour Mill owners were coerced into paying illegal gratification for issuance of release order of wheat to which they were legitimately entitled on pro rata basis. M/s Rattan Flour Mills, Panchkula, M/s Friends flour Mills, Panchkula, M/s Sanjay Flour Mills, Panchkula and so on have paid various amounts to Sh. R.K. Ranga through his agent Sh. Surinder Kumar Tikku, totalling Rs. 26.55 lacs. It was because of the receipt of illegal gratification that OMSS (D) was violated. 5. It was submitted that Shri R.K. Ranga was released on bail in case FIR No. 10 dated 6.1.1997 under Sections 3(i)(B) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 and Sections 7 of the Essential Commodities Act, 1955 and Sections 420/109/199/200 read with Section 120-B of the Indian Penal Code and this case is not a new case but the extension of that case. It was submitted that this case was registered by the CBI in view of the order passed in CWP No. 915 of 1997 by a Division Bench of this Court so that the wheat scam that regarding wheat intended for free supply in the market for sale to the consumers which was illegally sold to serial non-existing and defunct firms and traders who in turn sold the same to other traders outside the States of Haryana and Punjab was unearthed. 6. 6. Shri Rajan Gupta, Standing Counsel for the CBI on the other hand submitted that Shri R.K. Ranga is a very senior member of IAS cadre. He wields considerable clout and if he is released on bail he will try to win over the witnesses. He submitted that this case was registered in the CBI Chandigarh Branch on the direction of this Court on the basis of enquiry report submitted by the Deputy Commissioner, Panchkula. He submitted that case FIR No. 10 dated 6.1.1997 registered at Police Station Civil Lines, Rohtak on the complaint of one Narain Parshad Goel against Sh. R.K. Ranga, Om Narian and others, which was taken over by the CBI vide RC 40/97-CHG dated 24.11.1997 and RC-6/98/CHG dated 1.1.1998 are separate and independent cases in which two separate charge sheets have been filed in the Court of Special Judge, Ambala. 7. Learned counsel for the petitioner submitted that Shri R.K. Ranga was released on bail in case FIR No. 10 dated 6.1.1997 of Police Station Civil Lines, Rohtak and in case RC-6/98/CHG dated 1.1.1998 he was not arrested, Charge sheet was submitted in the Court and when he appeared in connection with this charge sheet, he was arrested and he has been in jail since 30.4.2001. It was submitted that keeping the accused in jail during the trial will not be justified because the custody of the Court would he justified if the accused is likely to abscond or he is likely to influence the witnesses or tamper with the prosecution evidence. It was submitted that bail is a rule and jail is an exception. Bail cannot be with-held as a measure of punishment or for the purpose of putting obstacles in the way of defence. It was submitted that accused was not arrested even after the registration of the case by the CBI but was arrested only after the challan was presented. During this period, he is not alleged to have mis-used his liberty. It was submitted that the case might take long to conclude. 8. It was submitted by the learned counsel for the CBI that it was a huge wheat scam which was unearthed during investigation by the CBI and if the petitioner is allowed bail, he will try to tamper with the prosecution evidence and thus make the entire investigation a futile exercise. 8. It was submitted by the learned counsel for the CBI that it was a huge wheat scam which was unearthed during investigation by the CBI and if the petitioner is allowed bail, he will try to tamper with the prosecution evidence and thus make the entire investigation a futile exercise. If was also submitted that the accused is a senior bureaucrat and is related to influential politicians and if he is released on bail, a wrong and disturbing signal is bound to pass on over the society particularly in the existing scenario when the country is afflicted with such scams involving highs ups. 9. Learned counsel for the petitioner submitted that while considering the bail application court has to keep in mind : (i) - That the crime is of heinous nature; (ii) - Where court has to come to conclusion whether or not a fair trial is possible if the accused is released. (iii) - In case of grant of bail whether accused would be available for trial. 10. Keeping in view the entire gamut of the facts and circumstances of the case, I feel that balance should be struck between individual liberty and interest of fair trial. It is ordered that the prosecution shall examine all those witnesses, who statements have been got recorded under Sections 164 Cr.P.C. plus those witnesses about whom also the prosecution feels that they are likely to be won over any day(s) before 15.9.2001. On 16.9.2001, the petitioner shall be admitted to bail irrespective of whether the prosecution has or has not examined the witnesses about whom they apprehend that they might be won over. Special Judge, Ambala trying these cases may pre-pone the hearing of this case so that those witnesses are examined before 15.9.2001 and the apprehension of the prosecution is set at rest. So, bail allowed to the petitioner shall become operative on 16.9.2001.