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Judgment
Petitioner is before this Court seeking for release on bail under Section 439 of Cr.P.C.
Heard learned counsel for petitioner and learned Spl.P.P. appearing for respondent-State.
The allegations against the petitioner is that on the promise of facilitating release of compensation due to the complainant in respect of acquisition of a piece of land belonging to father of the complainant, petitioner herein is said to have received two blank cheques from the complainant and on deposit of a sum of Rs.16,20,000/-to the bank account of the complainant, the petitioner encashed the said cheques for a sum of Rs.1,00,000/- and for Rs.1,94,000/- respectively, as illegal gratification.
Even though the learned Spl.P.P. has opposed the petition on the ground that investigation is under progress and the explanation offered by the petitioner is not acceptable, yet incriminating material in proof of the involvement of the petitioner in the alleged offences having been already collected by the investigating agency, in my view, the custody of the petitioner is not required to be extended until the charges against the petitioner is established in a full-fledged trial. In that view of the matter, petition deserves to be allowed.
Accordingly, the criminal petition is allowed.
i) Petitioner is ordered to be enlarged on bail on furnishing a bond in a sum of Rs.2,00,000/- (Rupees Two Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional court.
ii) Petitioner shall appear before the court as and when required.
iii) Petitioner shall not threaten or allure the prosecution witnesses in whatsoever manner.
iv) Petitioner shall not get involved in similar offences.
v) Petitioner shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court.