DHARAMBIR KHATTAR Vs. STATE

JUDGEMENT

(1.) Petitioner-Dharambir Khaltar, by this petition under Section 439 read with Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') is seeking bail in RC. No. AC3 2003 A0003/ACU.X dated 29.4.2003 under Sections 7,8 and 13(2) r/w 13(l)(d) of P.C. Act, 1988.

(2.) Briefly stated prosecution's allegations are as follows: Petitioner enjoyed very close relationship with several officials of the Delhi Development Authority (for short, "DDA") including its Vice-Chairman-Subhash Sharma; he used to operate as a middle man between DDA officials and private parties. On receipt of in formation about petitioner's activities, Central Bureau of Investigation (for short 'CBI')kept watch on him and his telephone(s) were kept under elecrronic surveillance; mere than 6000 incoming and outgoing calls were tape record' d. As a follow-up action, CBI registered four cases undeer the same set of sections, on different dates, at its different units, but concerning different properties. On 26.3.2003 two cases were registered, being RC. No. AC. 12003A 0001/ACU (I) [hereinafter, "Modern School case") and RC. No. AC. 3 A2003/A002/ACU (III) [hereinafter the "DLF case"). The third case was registered on 3.4.2003, RC.DA. 1 2003A 0025/ACR [hereinafter the 'Lift case"); and fourth case was registered on 29.4.2003, RC.AC-3/ 2003A 0003/ACUX [hereinafter the 'Amna Asaf All Road case), in which the bail is now prayed.

(3.) In Modern School case, it is alleged that on 26.3.2003 Ashok Kapoor, ex-P.S. to the Vice-Chairman DDA was found taking out files from the petitioner's office at 431, Mathura Road, Jungpura Extension, New Delhi; he was checked and several files were seized from his car, including some files pertaining to the cases pending in the Court of S.Mukherjee, a former Judge of this Court, and he was arrested. On 3.4.2003, Subhash Sharma, LAS, Vice-Chairman, DDA, was arrested and he remained in police custody upto 10.4.2003. He was granted bail on 2.6.2003. Amrit Lal Kapoor, Director Modern School; and Anil Vadva were also arrested. Petitioner was arrested on 8.4.2003. while in police custody, he fell sick and was admitted in the AIIMS for several days. Thereafter, petitioner was sent to judicial custody. He was granted statutory bail, on 9.6.2003 under Section 167(2), Cr.P.C. as CBI failed to complete the investigation and file the challan within the prescribed period. Similarly, other accused persons were also granted statutory bail.