RAJESH KUMAR SHARMA Vs. C. B. I.

JUDGEMENT

(1.) Heard Sri Alok Saxena, Sri Indra Raj, learned counsels for the applicant, Sri Gyan Prakash, learned Senior Advocate/Deputy Solicitor General of India, assisted by Sri Sanjay Kumar Yadav, learned counsel for the C.B.I. and perused the record.

(2.) This anticipatory bail application under Sec. 438 Cr.P.C. has been filed by the applicant Rajesh Kumar Sharma, seeking anticipatory bail, in the event of arrest in Special Case No. 01 of 2022, RC No. 2192019 E 006, registered at Police Station CBI/EO-1, New Delhi, under Ss. 120B r/w 420, 467, 468, 471 I.P.C. and Sec. 13(2) r/w 13(1) (d) Prevention of Corruption Act, 1988.

(3.) At the very outset, learned counsel for the C.B.I. raises a preliminary objection regarding maintainability of the present anticipatory bail application under Sec. 438 Cr.P.C. by arguing that on the own showing of the applicant as per supplementary affidavit dtd. 11/10/2022, para-2 (2), it is stated that the applicant has been arrested in September 2022 in Case Crime No. 33 of 2022, under Ss. 384, 420, 468, 471, 509 and 120B I.P.C., Police Station-Cyber Crime, Chandigarh, and as such the present anticipatory bail application is not maintainable in view of the judgement rendered by the Rajasthan High Court in the case of Sunil Kallani vs. State of Rajasthan : 2021 SCC OnLine Raj 1654 : SB Criminal Misc. Bail Application No. 9155 of 2019, decided on 25/10/2021, wherein while dealing with the issue as to whether an application of anticipatory bail under Sec. 438 Cr.P.C. is maintainable if the said accused is in jail in connection with another criminal case for the similar offences or for different offences, it has been held that the same would not be maintainable.