BIMAL GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRL .M. No. 13627/1998 Allowed as prayed for. Annexure P-1 is ordered to be placed on record. Crl.M. No. 13626-M/1998 The petitioner seeks bail in case FIR No. 42 dated 5.5.1998 under Sections 420/467/468/471/120-B IPC and under Section 13(i)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 registered in P.S. Vigilance Bureau, Jalandhar against the petitioner M/s Apollo Processor Private Limited, of which the petitioner is Managing Director. It is alleged that the company was committing theft to electricity and were found to have committed the theft of energy worth Rs. 1.00 lac. It has been argued by the learned counsel for the petitioner that the matter was considered by the Chief Engineer, Grid Power Board, Amritsar on 23.1.1988 and a penalty of Rs. 16,70,000/- was imposed and M/s Apollo Processor Private Limited were ordered to deposit Rs. 5,56,812/- as 1/3rd of the penalty imposed and that amount was deposited on the same very date. The contention of the learned counsel for the State is that Harjeet Singh, co-accused of the present petitioner is still at large and if the petitioner is released on bail there is possibility of tampering with the prosecution evidence. It is not disputed that Harjeet Singh is an employee of the Electricity Board. It is not the case of the prosecution that he is not (sic) State pulls up its investigating agency to take effective steps to arrest the co-accused of the petitioner. For the fault of the investigating agency the petitioner who has already deposited a substantial amount as penalty cannot be allowed to suffer. It has not been pointed out as to how and in what manner the prosecution evidence is likely to the tampered with by the petitioner. Keeping in view the facts and circumstances of the case, the petitioner is ordered to be released on bail on furnishing bail bonds/surety bonds to the satisfaction of the Chief Judicial Magistrate, Amritsar. The petition stands disposed of. A copy of this order be given dasti on payment of requisite fee. Petition allowed.