BRIJRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.)

(2.) THIS fourth bail application has been filed by the accused on 9th December, 2011. The earlier bail application (third in number) was decided by this court on 21.11.2011, after considering in detail the various contentions raised on behalf of the accused, such as, that the offences under the Prevention of Corruption Act are not attracted in view of the nature of service of the petitioner with Urban Co -operative Bank Ltd., Ajmer; as per Department Manual of Instructions, it is a general rule to release the accused on bail in a matter of present nature etc. Soon thereafter, this fourth bail application has been filed in the first week of December, 2011. It is submitted by the counsel for the petitioner that the accused is charged with and facing trial for the offences under sections 7 and 13(1)(d) of the Prevention of Corruption Act, in which the sentence prescribed under law is up -to 5 years and 7 years respectively. Further, he has submitted that the accusation against the petitioner is in respect of corruption is for an amount less than Rs. 2 lacs. Learned counsel for the petitioner has, in support of his submissions, relied upon the case of Sanjay Chandra Vs. CBI (SLP (Cri.) No. 5650/2011) decided by the Hon'ble Supreme Court on 23.11.2011. Therefore, it has been submitted by the learned counsel that the accused be now released on bail, as he is in custody for quite some time.

(3.) THE case of the prosecution is that the accused was trapped for accepting bribe of Rs. 1 lac in the month of February, 2011. The accused had also accepted bribe in kind by accepting commodities like computer, LCD, AC etc. It is the case of the prosecution that the accusation against the petitioner for accepting bribe is worth about Rs. 2 lacs but the same was done with the purpose of loan amount which was more than crore of rupees.