CBI Vs. PURSHOTTAM DEV ARYA

JUDGEMENT

(1.) This petition under Section 482 read with Section 439(2) of the Code of Criminal Procedure,1973 has been filed by the Central Bureau of Investigation(CBI) for cancellation of bail granted to the respondent accused by the Special Judge in C.C. No. 22/2011 and Supp.C.C. No. 24/2011 vide orders dated 23rd January, 2012 and 16 th February, 2012 respectively.

(2.) Special Judge constituted under the Prevention of Corruption Act in respect of RC No. DAI-2010-A-0044 which was registered and investigated by the CBI. To ensure the presence of the respondentaccused before the Court proceedings under Sections 82/83 of the Code of Criminal Procedure had to be initiated and those proceedings resulted into the attachment of his properties. It appears on some occasion the respondent-accused had sought exemption from personal appearance in Court but the same was not granted by the Special Judge. The respondent accused had sought to obtain anticipatory bail also but failed to get that relief from this Court. He appears to have surrendered himself after the rejection of his anticipatory bail application on 02.08.2011 and thereafter he remained in jail for some months. In the meanwhile, the CBI had submitted a supplementary charge-sheet in the Court of the Special Judge against the respondent-accused and one more accused for the commission of the offence punishable under Section 174- A IPC and the same was registered as Corruption Case No.24/2011 The respondent-accused moved separate bail applications before the Special Judge in the main case as also in the supplementary case under Section 174-A IPC and in the main case he claimed bail on parity with all other individual accused persons who had already been released on bail in the main case. In the case under Section 174-A IPC he sought bail on merits.

(3.) Vide order dated 23 rd January, 2012 the learned Special Judge granted bail to the respondent accused in the main case arising out of RC No.44/2010. That order reads as under:-