M.R. AGNIHOTRI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THIS is a petition for grant of anticipatory bail under Section 438, Cr.P.C., to the petitioner in case F.I.R. No. 17 dated June 10, 2002 under Sections 120-B, 420, 467, 468 and 471, Indian Penal Code, and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, registered at the C.B.I. (Anti Corruption Branch), Chandigarh.

(2.) THE afore cited case was registered against the petitioner at the instance of the Deputy Superintendent of Police of Central Bureau of Investigation, Chandigarh, on the basis of the information received by the C.B.I. that during the year 2000-2001 Justice M.R. Agnihotri (Retired), the then Chairman, Dealer Selection Board of the Indian Oil Corporation, entered into a criminal conspiracy with one Shri K.C. Garg, resident of 21, Atam Nagar, Ludhiana, and Smt. Saroj Rani wife of Rajesh Kumar alias Vipin Kumar, resident of Dharaula, District Sangrur, to allot petrol pump to Smt. Saroj Rani at Doraha illegally with the object to cheat the Indian Oil Corporation, by abusing his official position as a public servant, even though she was not eligible for such allotment. The allotment was made on the basis of false and fictitious documents submitted by her. The said documents were got prepared by Shri K.C. Garg, who got the retail outlet allotted in the name of Smt. Saroj Rani by paying Rs. 30,00,000/- to the petitioner. It has been alleged that Smt. Saroj Rani is a house-wife, resident of Dhanaula and the petrol pump is being run by Shri K.C. Garg, who had already acquired eight petrol pumps in different names in spite of the fact that one cannot have more than one petrol pump.

(3.) IN short, the case of the prosecution is that though Smt. Saroj Rani was not a resident of District Ludhiana, and thus was not eligible to be allotted a petrol pump, and that the other two candidates were more meritorious than her with regard to educational qualification and other spheres, such as capacity to provide infrastructure and facilities (land, godown, showroom etc.), yet she allotted the dealership of the petrol pump at Doraha (District Ludhiana), by showing undue favour to her by Mr. Justice M.R. Agnihotri by misusing his position as Chairman of the Dealer Selection Board. It has been alleged that Justice Agnihotri had awarded her marks out of proportion at the time of interview, though the other two members of the Board had awarded her less marks than awarded to the other two candidates. In this way, Justice Agnihotri had unduly favoured her in the allotment of dealership of the Petrol Pump at Doraha, after taking a bribe of Rs. 30,00,000/- through K.C. Garg accused.