SOMABHAI MANABHAI VAGHELA Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) This bail application is filed under section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with an offence being C.R.No.I-09 of 2018 registered with Gandhinagar ACB Police Station, Gandhinagar, for the offence punishable under sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988.

(2.) Mr. A.J. Yagnik, learned advocate for Mr. Umang A. Vaghela, learned advocate appearing on behalf of the applicant submits that since there was no running trap, no prior information. Upon secret information, the office of corporation was raided wherein, Rs. 5,00,000/- (Rupees Five Lakhs Only) was found to which accused could not explain, due to which the entire investigation is undertaken and after conclusion of investigation the charge sheet was being filed. He further argued that taking into consideration the punishment provided under Section 13(2) wherein no life or death sentence is provided. The applicant is a retired person, and in the facts of the present case judicial discretion is required to be exercised as the investigation is over, and considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Mr, Mitesh Amin, learned Public Prosecutor appearing on behalf of the respondent-State has vehemently contended and opposed grant of regular bail looking to the nature and gravity of the offence. He also pointed out that in such sort of cases wherein huge amount of Rs. 5,00,000/- is involved, this Court as well as Hon'ble Supreme Court denied the bail pending trial and this is a case wherein huge amount is involved and that too concerning to the public at large and therefore no judicial discretion should be used even though the charge-sheet is being filed.