ASHOK MALHOTRA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Vide RC No. DAI-2007-A-0025 dated July 3, 2007, the Central Bureau of Investigation (CBI) registered a case under Sections 120B/420/468/471 of the Indian Penal Code read with Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988 against the petitioner - Ashok Malhotra and five others. During the course of investigation, Section 467 IPC was also added and on completion of investigation, charge-sheet has been filed against the petitioner and others under Sections 120B/420/467/468/471 IPC read with Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988 in the court of Special Judge, CBI at Tis Hazari Courts, Delhi.

(2.) The petitioner is in custody since August 6, 2007 except for a brief period from November 6, 2007 when he was released on interim bail till November 23, 2007 on which date he was remanded back to judicial custody. He has filed petition under Sections 482/483 of the Code of Criminal Procedure alleging that his detention after the expiry of 90 days from the date of his arrest is illegal and without authority of law. Consequently, he has sought his release from his alleged illegal detention. Pending hearing and disposal of the same, he has filed present application seeking regular bail on merits. It is the application for bail which is the subject matter of this order. The brief facts relevant for the disposal of the bail application are as under:

(3.) During the period 2000-02, under a Scheme of Delhi Development Authority, the erstwhile residents of Hudson Line jhuggi jhopri were to be resettled and each resident family was to be given a plot measuring 20.9 sq. meters in Dheerpur Phase I and Nehru Vihar.