SOHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE Petitioner, who is accused of commission of offence under Section 13(1)(d)(ii) read with Section 13(2) of the Prevention of Corruption Act in respect of case FIR No. 2/11, dated 13.01.2011 of Police Station SV and AC Bureau, Mandi (H.P.), has filed the present petition under Section 439 of the Code of Criminal Procedure for grant of bail on the usual averments that he is innocent and has been falsely implicated in this case. It is averred that in case he is admitted to bail, he shall abide by the conditions which may be imposed by this Court.

(2.) THE prayer for bail is opposed on behalf of the Respondent -State on the grounds that investigation is in initial stage, the accused has committed a serious offence, he is a public servant and it is not his duty to accept bribe from poor people in lieu of government work, the quality of life of ordinary citizen has deteriorated due to corruption, which has assumed the proportions of cancer and is eating into the vitals of Indian democracy, the white collar crime does not affect one individual but affects whole society, the accused may threaten the complainant and witnesses and thus hamper investigation.

(3.) AFTER noticing brief facts of the case, the contentions raised on behalf of the parties and going through the investigation record and without going into an elaborate discussion of the same so as to obviate the possibility of any prejudice being caused to either case on behalf of the parties and taking into consideration the fact that the investigation is almost complete except that statements of some official police witnesses are yet to be recorded, I am satisfied that it shall not be unsafe to admit the Petitioner to bail subject to imposition of suitable conditions as he is to stand trial for the offence alleged against him in due course of time.