SUKH RAM Vs. STATE

JUDGEMENT

(1.) After registration of the case FIR No.RC- 3A/96/CBI/ACU(IV) under Section 120-B and Section 13(2) read with Section 13(l)(d) of the Prevention of Corruption Act, 1988 against the petitioner and two other persons, various premises of the petitioner were searched when large amount of cash and other assets were recovered. The Central Bureau of Investigation also came to know about the petitioner owning various immovable properties. The assets which were recovered and which had come to the knowledge of the Central Bureau of Investigation were substantially dis-proportionate to his known sources of income for which, according to the CBI, there was no prima facie explanation. A case FIR No.RC-4A/96 was, therefore, registered against the petitioner under Section 13(2) read with Section 13(l)(e) of the Prevention of Corruption Act.

(2.) At the time of registration of the earlier FIR being RC-3A/96 and at the time of search, the petitioner was out of the country having allegedly gone to the United Kingdom for his medical treatment. On his return from abroad on 16th September, 1996, he was arrested at the Indira Gandhi International Airport, New Delhi itself in case FIR No.RC-3A/96. He was formally arrested in case FIR No.RC-4A/96 on 18th September, 1996. Having been released on bail in RC-SA/96, the petitioner had applied for bail in RC-4A/96, however, this application was dismissed by the Special Judge on 1st October, 1996. The present petition has, therefore, been filed by the petitioner for being released on bail in case FIR No.RC-4A/96. A few facts which are relevant fopurposes of deciding this petition are :

(3.) That on search of the various premises of the petitioner, former Minister of State in the Union Cabinet and presently a Member of Parliament, the following movable and immovable assets were known to be possessed by him :-