ASHOK ARGAL Vs. STATE

JUDGEMENT

(1.) By this common order, I shall dispose of anticipatory bail petition of petitioner Ashok Argal under section 438 Cr. P.C. and regular bail petitions of the petitioners Mahavir Singh Bhagora, Sohail Hindustani, Sudheendra Kulkarni, Faggan Singh Kulaste and Sanjeev Saxena under section 439 Cr.P.C.

(2.) FIR No. 14/2009 under section 7/8/12/13(1)(d) of the Prevention of Corruption Act read with section 120-B IPC came to be registered at Police Station Crime Branch against the present petitioners. All petitioners except petitioner Ashok Argal are in Judicial Custody.

(3.) For better understanding some relevant facts can be mentioned. A special session of Lok Sabha was to be convened on 21.07.2008 by the Prime Minister to seek the trust of the House. There were media reports that there is going to be large scale defections from non-UPA parties at the centre and talk was going on that there is going to be horse-trading. On the day of debate on the motion of confidence in the council of Ministers, the petitioners Ashok Argal, Mahavir Singh Bhagora and Faggan Singh Kulaste came to the Lok Sabha with two bags of currency notes which they took out and started placing on the table of the House. The Hon'ble Speaker took note of the complaints made by the Members regarding alleged offer of money to them in connection with voting in the Motion of Confidence. He had assured the leaders to look into the matter. Subsequently, on 25.07.2008, these three MPS made a joint statement before the Hon'ble Speaker wherein they stated as to the manner of their having been approached by intermediaries of power brokers and their having decided to expose the mastermind of Cash for Vote racket. The CNN-IBN News Channel designed a whistle blowing sting operation. The petitioners Sudheendra Kulkarni and Suhail Hindustani were also associated in the string operation. The petitioner Sanjeev Saxena gave Rs. 1.00 crore to each of three petitioners MPs. The entire episode was recorded by CNN-IBN News Channel team on camera at the residence of petitioner Ashok Argal. On the same day, i.e. on 22.07.2008 at about 4 pm, the petitioner MPs took out the bag and displayed the money in the House of the Parliament. It was in this background that the Hon'ble Speaker, Lok Sabha, appointed an Inquiry Committee. All petitioners have been charge-sheeted under different provisions of PC Act read with Section 120B of IPC.