SANJAY GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 26 of 2009 registered on 1.8.2009 at Police Station, State Vigilance and Anti Corruption Bureau, Shimla under Section 13(1)e) and Section 13 (2) of the Prevention of Corruption Act, 1988. Heard and perused the record.

(2.) The petitioner in his application has submitted that on 9.7.2009 the Police Officers from Anti Corruption Bureau, Police Station, Solan allegedly recovered an amount of Rs. 2 lacs from the petitioner and on that basis an FIR No. 10 was registered at Police Station, Anti Corruption Bureau, Solan on 9.7.2009 under Section 7, 13(2) read with Section 13(1) d of the Prevention of Corruption Act, 1988. It has been alleged that during investigation the investigating agency found that the petitioner has disproportionate assets to his known source of income and, therefore, an FIR No. 26 dated 1.8.2009 under Section 13(2) read with Section 13 (1) (e) of the Prevention of Corruption Act, 1988 was registered at Police Station State Vigilance and Anti Corruption Bureau, Shimla. The investigation in case FIR No. 26 dated 1.8.2009 is continuing. The petitioner had filed an application under Section 438 Cr.P.C. which has been rejected by the learned Special Judge (Forest), Shimla on 20.8.2009.

(3.) The petitioner is a senior and responsible officer belonging to Indian Administrative Service. The petitioner would not flee from justice. He would be available for interrogation or trial at any point of time. The petitioner has been repeatedly summoned by the investigating agency and the petitioner appeared several times before the investigating agency and was thoroughly interrogated.