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Rajasthan High Court · body

2009 DIGILAW 1450 (RAJ)

Mahendra Singh Jawla v. State of Rajasthan

2009-06-04

MAHESH BHAGWATI

body2009
Hon'ble BHAGWATI, V.J.—This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Suresh Sahni Advocate on behalf of the applicant Mahendra Singh Jawla. 2. Heard the learned counsel for the petitioner, the learned counsel for the complainant as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that he has been falsely implicated in this case and is in no way connected with the commission of the offence of obtaining any illegal gratification from the decoy. No recovery of tainted money has been made from him. While drawing my attention to the bail order rendered by this Court in SB. Cr. Misc. Bail Application No. 1395/2009, the learned counsel has submitted that in the said case this Court also granted bail to the petitioner as it pertained to the offence under the Prevention of Corruption Act, 1988 as such, on the ground of parity, the petitioner may also be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State as also learned counsel for the complainant have opposed the bail petitioner. 5. Having considered the submissions made at the bar and carefully perused the relevant material available on record including the order dated 28.5.2009 rendered by the Designated Court, Ajmer in Bail Application No. 19/2009 as also Manual popularly known as "Anti-Corruption Department, Manual of Instructions (Crime)", it is noticed that Para 12 of Chapter IX pertaining to `Trap cases' of said Manual envisages that "It should be a general rule in trap cases to release accused on bail subject to the satisfaction of conditions laid down in 437 Cr.P.C." 6. This para envisages the arrest of the public servant in exceptional cases when it is found necessary in the interest of investigation or to satisfy the requirement of law or to prevent him from absconding but as a general rule he is to be released on bail. Earlier, the A.C.B. Officers invariably used to grant bail to the public servants soon after laying the trap and recovering the tainted currency notes. But now, it has been brought to my notice that the higher authorities functioning in the Anti-Corruption Bureau have adopted pick and choose method and decision of granting bail is taken by the senior authorities only. Earlier, the A.C.B. Officers invariably used to grant bail to the public servants soon after laying the trap and recovering the tainted currency notes. But now, it has been brought to my notice that the higher authorities functioning in the Anti-Corruption Bureau have adopted pick and choose method and decision of granting bail is taken by the senior authorities only. The officer concerned grants bail only to those public servants who are directed to be released on bail by the highest authority. However, It is highly surprising and such kind of arbitrariness is unheard of. This act of arbitrariness of the Senior Officers of the ACB smells foul and is found to be contrary to the directives enshrined in Mannual. I, without expressing any opinion on the merits of the case but keeping in view the provisions as laid down in the Manual, do feel inclined to grant indulgence of bail to the accused petitioner and his bail petition deserves to be allowed. 7. It is, therefore, ordered that the accused petitioner Mahendra Singh Jawla S/o Shri Hanuman Singh, shall be released on bail on furnishing a personal bond in the sum of Rs. 30,000/- (Rs. Thirty thousand only) together with two surety bonds each of Rs. 15,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded.