SAURABH JAIN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard Sri Viresh Sharma, learned senior advocate for the revisionist and Sri Anurag Khanna, learned counsel for the opposite party and perused the memo of revision as also the papers filed by the revisionist.

(2.) Challenge in this revision is to the order dated 23.4.2013 passed by Sri S. Lal, Special Judge, Anti-Corruption (CBI), Ghaziabad in Special Case no 3 of 2012 (C.B.I. Versus Dr. S. P. Ram and others) u/s 13(2) read with 13(1)(d0 of Prevention of Corruption Act and u/s 120-B read with Sections 409, 420, 468, 471 IPC whereby the application of the revisionist for his discharge u/s 239 Cr. P.C. had been rejected.

(3.) Learned counsel for the revisionist assailing the impugned order has vehemently argued that the order has been passed in a mechanical manner without application of mind and even the grounds for discharge and the arguments advanced in support thereof have not been mentioned by the learned trial Court, so the order is bad in the eye of law and the accused-revisionist is liable to be discharged as no offence against him is made out. It has been also argued that the revisionist is the only accused in the case who has been granted bail by this Court after considering the allegations made against him. Sri Mishra has placed reliance on the case of Shiv Kumari Vs. State of U. P. & another, 2012 4 CriCC 130.