KAPIL BHASIN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner has been charged for the offences punishable under Sections 120-Br/w Sections 420 and 201, IPC and offence under Section 13(2) read with Section 13(l)(d) of Prevention of Corruption Act, 1988 and offences under Sections 25 and 27 of Indian Telegraphic Act. Main allegation against him is that he tore one or two pages of the register containing the details of telephone bills against a telephone which was being misused by the company of which he happened to be an employee in connivance and conspiracy with the employees of the MTNL.

(2.) The case of the petitioner can be segregated from the other accused on the premise that he was in the employment of the said company named Cepham Organics Limited only for 4-5 months. He is a highly qualified person and was working as Advisor to the company. The statement of the witnesses recorded by the IO is mainly against the Chairman of the company and there is also a reference that Mr. Sarvir Pruthi one of the the Directors of the company was also engaged in the conspiracy. Conspiracy was unearthed by the CBI emanating from the complaint dated 30 th June, 1995 made by Mr. Ved Prakash, Inspector, CBI on the allegations that staff of MTNL in connivance with the Chairman of the company and Mr. Bhag Chand, Office Assistant of the company diverted telephone No. 3716165 with STD facility on the disconnected telephone No. 3713201 installed in the premises No. M- 134, Connaught Place against a monthly consideration of Rs. 25,000/- to be paid to Lala Rarn by Shri D.C. Pruthi through Shri Bhag Chand.

(3.) It was some time in 1994 that Shri Lala Ram traced a telephone line with STD/ISD and entered into a criminal conspiracy with the Chairman of the said company and diverted the line of the said telephone number with STD facility on the line of disconnected telephone of the company.