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2009 DIGILAW 705 (RAJ)

Kanhaiya Lal v. State of Rajasthan

2009-03-06

MAHESH BHAGWATI

body2009
JUDGMENT 1. - This order govern the disposed of bail application filed under Section 439 of Criminal Procedure Code by Mr. Manish Kumawat Advocate on behalf of the application Kanhaiya Lal pertaining to F.I.R. No. 36/2009 registered at Anti Corruption Bureau Jaipur in the offences under Sections 7/13 of Prevention of Corruption Act. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has contended that he has been falsely implicated in this case. The recovery memo allegedly prepared on 24.2.2009 does not bear his signatures which clearly evinces that at the time of recovery he was not present at the spot. The petitioner is a Chairman of Municipality, Kishangarh, Renwal. He is not conferred with the powers under law to pass an order with regard to the conversion of land use. All the preliminary proceedings initially were drawn by Tehsildar and Sub-Divisional Officer. Chairman, Municipality is not the only authority who is conferred with full powers to pass such order. On account of political reasons, the complainant has manoeuvred a false trap with the aid of Anti-Corruption Bureau authorities against him. The petitioner is an old man of 60 years of age and has been suffering many ailments. Now it is to be recovered from his possession, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition primarily on the ground that the offence of soliciting for bribe and thereafter, red handed trap of an accused is unequivocally a serious offence. Corruption in the present times has been pervading in all sections of life like a cancer hence, it needs to be dealt with sternly. Thus, keeping in view the gravity of the offence, the petitioner may be denied bail. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record including 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 on subject to the satisfaction of conditions laid down in 437 Criminal Procedure Code" 6. This para envisages the arrest of the pubic 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. 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. 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 Kanhaiya Lal @ Kana Ram S/o. Shri Mangilal in F.I.R. No. 36/2009 registered at Anti Corruption Bureau Jaipur shall be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- together with two surety bonds each of Rs. 25,000/- 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 fill the trial is concluded.Bail application allowed. *******