(1.) Present petition under Sec. 482 Crimial P.C. has been filed by the petitioner-Atul Dixit to challenge the legality and correctness of an order dated 14.10.2016 of learned Special Judge-03, CBI whereby the application filed under Sec. 155 of Customs Act was dismissed. The petition is contested by the respondent-CBI.
(2.) I have heard the learned Senior counsel for the petitioner and learned SPP for the respondent and have examined the file.
(3.) Admitted position is that petitioner is facing trial in case RC No.21A/2015/ACB/CBI/ND for commission of offences punishable under Sec. 120B read with Sec. 420 Penal Code and under Sec. 13(2) read with Sec. 13(1) (d) of P.C. Act along with others. FIR in question was registered on the basis of source information on 11.08.2015. The petitioner was arrested on 14.08.2015. Upon completion of investigationally, a charge sheet has been filed on 19.09.2015. Initially, the bail application moved on behalf of the petitioner was dismissed by an order dated 6.10.2015. Finally, after submission of the charge-sheet, the petitioner was granted bail.