SUDHIR SOLANKI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Taken up through video conferencing.

(2.) This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.RC CHG 2017A0023 dated 16.11.2017 under Sections 7, 8, 10, 13(1 )(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 registered at Police Station CBI, ACB, Chandigarh.

(3.) Learned counsel for petitioner would contend that the petitioner was posted as Senior Medical Officer, 32 Battalion, Border Security Force, Ajnala, District Amritsar and he was part of the Medical Board which was constituted for re-evaluation of the cases of the candidates who had been rejected by the Medical Board for recruitment to the Group 'B' and 'C posts of Water Wing of the Border Security Force. Learned counsel for petitioner would further contend that the allegations are that the Medical Board which assembled between 17.04.2017 and 21.04.2017, of which the petitioner was a member, and is alleged to have taken money to clear the medical of the candidates who stood rejected earlier by the Medical Board. Learned counsel has further contended that in the last three years the petitioner has been cooperating in the investigation and the respondents never required the custody of the petitioner. Learned counsel has further contended that on 14.12.2020, when the challan was filed, the petitioner had appeared before the Court. However, since the Presiding Officer was on leave, his presence could not be marked and the matter was put up before the Duty Magistrate of which the petitioner was not aware and bailable warrants were issued by the Duty Magistrate. Meanwhile, the application for anticipatory bail filed by the petitioner was also dismissed on 21.12.2020 by the Special Judge, CBI, Punjab. The petitioner apprehending arrest since the offences are non-bailable has approached this Court for grant of anticipatory bail.