SHAMEET MUKHARJEE Vs. CBI

JUDGEMENT

(1.) . By this petition under Sections 439 read with Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.')/ petitioner, who was a former judge of this Court, is seeking bail in the case R.C. No. 3(A)/2003/ACU- X/CBI/AC-III, New Delhi under Sections 120-B, IPC, read with Sections 7, 8, 11 and 12 read with Sections 13(2) & 13(1) of Prevention of Corruption Act, 1988 (hereinafter'POC Act').

(2.) . CBI has filed reply opposing the petition and also praying for cancellation of interim bail granted to the petitioner vide order dated 5.5.2003 passed in Crl. M. (M) No. 1817/2003. On 4.6.2003 Hon'ble Mr. Justice B.A. Khan, while issuing notice, extended the interim bail till further orders, observing:

(3.) . The case of the prosecution, in brief, is as follows: One Dharamvir Khattar (for short 'DVK'), a businessman, was having close relationship with petitioner and Subhash Sharma, IAS, vice-chairman, Delhi Development Authority (for short 'VC-DDA'); petitioner used to enjoy his hospitality in terms of wine and women and DVK used to act as a conduit for the parties, who wanted their cases pending in petitioner's court to be settled favourably. Official record of petitioner's court used to be taken to the offices of DVK at Mathura Road and Khel Gaon. On 26.3.2003 CBI caught Ashok Kapur, P.S. to former VC-DDA (under suspension) when he was taking out files from the office of DVK at Mathura Road, including the files of the cases in petitioner's court and six page unsigned corrected draft of the order dated 20.02.2003, passed by the petitioner in the suit Azad Singh v. DDA & Ors., (No. 1493/2000) (hereinafter 'the order in question'). Facts leading to the filing of this suit are : that in 1993 DDA decided to widen Aruna Asaf Ali Road, connecting outer ring road and the Mehrauli-Mahilpur Road, to 30 meters; in 1995, it was decided to increase its width to 45 meters. The work was entrusted to Public Works Department (PWD). A strip of land passing through village Kishangarh, could not be handed over to PWD as there were several encroachments. The demolition of unauthorised structures could not be carried because of injunction orders passed by different courts in favour of the affected parties. Two such suits were pending in the Delhi High Court (i) Suit No. 236/2000 titled Simla Choudhury v. DDA & Ors., wherein Hon'ble Mr. Justice J.D. Kapoor vide order dated 1.2.2003 had restrained the defendant DDA from dispossessing the plaintiff without due process of law and (ii) Suit No. 1493/2000 titled Azad Singh v. DDA & Ore., wherein vide order dated 30.9.2002, passed by the petitioner, parties were directed to maintain status quo, as regards possession and construction in relation to the suit property. Vinod Khatri was interested in both these suits. He approached DVK through Mr. Jagdish Chandra, then Director (Lands), DDA for help.) DVK, in turn, approached the petitioner and Vice-Chairman, DDA and they agreed to help by directing the SDM of area for demarcation showing actual possession of the land in village Kishangarh, adjacent to Aruna Asaf Ali Road and by changing the lawyer who was representing these cases on behalf of DDA. It is alleged that as per plan, petitioner passed the order dated 20.2.2003, but did not sign the order immediately. The draft order was recovered on 26.3.2003 by the CBI from Ashok Kapur, as noted above. Prosecution in support of its case has placed reliance on the tape recorded conversation amongst the accused persons; draft copy of the unsigned order dated 20.2.2003; and the statements of the witnesses, recorded during the investigation.