BABULAL MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since both applications are arising out of the same FIR, hence with the consent of Counsel for the parties arguments have been heard together and both these applications are being decided by this common order.

(2.) These bail applications under Sec. 439 Cr.P.C. have been filed by the petitioners in connection with FIR No. 288/2023 registered at Police Station Pradhan Aarakshi Anti Corruption Bureau, Jaipur, District Jaipur wherein they are charged for offence punishable under Sec. 7 of the Prevention of Corruption (Amendment) Act, 1988 (for short Rs.the Act of 1988').

(3.) Learned Counsel for the petitioners submit that during the course of investigation a recovery of Rs. 15 lakhs has been effected at the instance of the accused Babulal Meena and both Babulal Meena as well as the other accused Nawalkishore Meena were arrested on 2/11/2023. Counsel submit that after their arrest, the investigation was completed and charge-sheet has been submitted, but inspite of passing of more than four months, till date no sanction has been granted by the department to prosecute the petitioners. Counsel submit that unless and until sanction is granted against the petitioners, they cannot be prosecuted in terms of the mandate contained under the Act of 2018. Counsel submit that the maximum punishment for the offences punishable under Ss. 7 and 7A of the Act of 2018 is seven years. Counsel submit that under these circumstances, indulgence of bail be granted to the petitioner. In support of their contentions they have placed reliance upon the following orders passed by different Co-ordinate Benches of this Court: