Mahesh Saini vs C.B.I.

Mohammad Rafiq, J.—Heard learned Counsel for Petitioner as well as learned Special Public Prosecutor for C.B.I, and perused the relevant documents placed before me.

Contention of the learned Counsel for Petitioner is that the investigating agency is proceeding only against the Petitioner, who is not a public servant. They have neither arrested any public servant nor are proceeding against any public servant for whose purpose alleged illegal gratification was proposed to be given. It is contended that the entire case is based on demand of some money and acceptance of cheque therefore as commission for arranging the loan. Unless any public service was joined for commission of offence u/s 8 of the Prevention of Corruption Act, 1988, offence u/s 120b IPC alone would not be maintained against the Petitioner. In support of his argument, learned Counsel for Petitioner has placed reliance on the judgment of Supreme Court in Ramesh Balkrishna Kulkarni Vs. State of Maharashtra, It was further argued that even otherwise maximum punishment for commission of offence u/s 8 of the Prevention of Corruption Act, 1988 is five years. Petitioner is in jail since 14/6/2010 and investigation will take time.

Learned Special Public Prosecutor for C.B.I, has opposed the bail application.

Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the Petitioner on bail.

In the result, this bail application u/s 439 Code of Criminal Procedure is allowed and it is directed that Petitioner Mahesh Saini S/o Shri Shiv Dayal Saini shall be released on bail in fir No. RC jai 2010 A 0017 registered at Police Station SPE: CBI: Jaipur District Jaipur for offence u/s 120B IPC and Section 8 of the Prevention of Corruption Act, 1988 on his furnishing a personal bond in the sum of Rs. 30,000/- together with two sureties in the sum of Rs. 15,000/- each to the satisfaction of the concerned Court for his appearance before that Court on all dates of hearing until conclusion of the trial.