K.K. JAIRATH Vs. C.B.I.

JUDGEMENT

(1.) KANWAL Kishore Jerath is seeking bail under the provisions of Section 439 Cr.P.C. in case RC 1(a)/98 ACU(II) dated January 9, 1998 registered with CBI under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 in respect of having disproportionate assets to the extent of Rs. 74.35 lacs. The petitioner was taken into custody on July 31, 2001.

(2.) THE petitioner is already facing prosecution in six earlier cases which are FIR 1/98 dated February 3, 1998 (relating to receiving kickbacks from certain suppliers to the tune of Rs. 72.82 lacs), FIR 2/98 dated September 13, 1998 (in respect of the Medical College construction work), FIR 3/98 dated October 26, 1998 (also in respect of Medical College construction work), FIR 1/99 dated March 16, 1999 (in respect of furnishing inflated estimate in a particular contract), FIR 1/2000 dated March 15, 2000 (for causing loss to the government by misusing official vehicles) and FIR 2 of 2000 dated July 8, 2000 (also in respect of misusing official vehicles).

(3.) SUBSEQUENTLY , the petitioner was taken into custody on April 5, 2001 in the fifth case mentioned above leading to his filing a petition under Section 439 Cr.P.C. for bail, which was allowed on May 29, 2001. As regards the sixth cases, it has been stated that the petitioner has not so far been arrested. Therefore, the position is that the petitioner is on bail in five out of six cases mentioned above. The petitioner is now seeking bail in the present case which is the seventh case being faced by him though it was first to be registered.