ANURAG VARDHAN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) . This is a petition under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (for short Cr. P.C.) for grant of ball in case No. RC No. 31(A)/2003-DLI dated 22.5.2003 under Section 120-B, IPC, read with Sections 7/8/9/10/12/13(1)(D) read with Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) Learned counsel for the petitioner argued that petitioner is an IRS officer ; he was working as Deputy Commissioner in the Income-tax Department at New Delhi. The prosecution allegations are that on 22.5.2003, at about 9.30 a.m., Shri Perumal Swamy @ Babu (co-accused), who was then working as Personal Assistant to the Minister of State for Finance, was arrested in front of his house and Rs. 4.0 lacs was recovered from him. Thereafter, petitioner's house was searched and another Rs. 3.0 lacs was recovered. Petitioner was also arrested. CBI also arrested Mr. A. Krishnamurthy, (co-accused), Chartered Accountant, from Chennai and recovered Rs. 69,58,850/- from his residence in cash ; undated signed cheques worth about Rs. 50.0 lacs ; and promissory notes worth Rs. 35.0 lacs. All the accused persons were produced before the Court and they suffered police custody remand for several days. The accused are now an judicial custody for the last 47 days. Learned counsel further argued that allegations against the petitioner are totally false ; he has been falsely implicated ; he has two children, who are suffering from autistic disorder ; he is no longer required for any investigations; and that there is no likelihood of the challan being filed within the statutory period of 60 days prescribed under S. 167(2), Cr.P.C. after which petitioner would be entitled to be released on bail. Therefore, petitioner is entitled to be released on bail.

(3.) Ms. Neelam Grover, learned counsel appearing on behalf of CBI, on instructions from the Investigating Officer (for short 'I.O'.), who is present in Court, opposes the bail application and argued that on specific information, telephone conversations between the petitioner and the Chartered Accountant Mr. A. Krishnamurthy (co-accused) was tape recorded. The conversation reveals that petitioner had given the amount of Rs. 4.0 lacs as bride to Mr. R. Peruswamy, (co-accused), for arranging his transfer from Delhi to Mumbai ; and that investigations are still in progress, therefore, accused persons are entitled to be released on bail. Learned counsel is, however, unable to contest that the accused persons are in custody for the last 47 days and the. Investigating Agency would not be in a position to file the challan in the next 13 days and that the accused persons would be entitled to be released on bail on completion of 60 days in judicial custody.