KESA RAM Vs. STATE

JUDGEMENT

(1.) Accused-petitioners have preferred these two separate second bail applications under Section 439 Cr.P.C. arising out of FIR No.258/2017, registered at Police Station ACB Outpost, Jalore for offence punishable under Sections 7 , 13 (1)(d) read with Section 13(2) of the Prevention of Corruption Act and Section 120B IPC.

(2.) The first bail applications separately filed on behalf of petitioners were thwarted by the Court on 11 th of October, 2017 as at that point of time investigation was in vogue.

(3.) Arguing on these second bail applications, it is submitted by learned counsel for the petitioners that now there is substantial change in the circumstances inasmuch as upon completion of investigation charge-sheet in the matter has been filed. Learned counsel have also argued that petitioners are public servants and elected ward members of Municipal Board, Takhatgarh, and therefore, there are very bleak or rather remotest chances of their fleeing from justice. Learned counsel have further urged that after completion of investigation keeping both of them under incarceration, more particularly in the backdrop of alleged criminal delinquencies, is not at all desirable. Lastly, learned counsel would contend that petitioners are in custody since 22 nd of September, 2017, is yet another mitigating circumstance for favourable disposition of their second bail applications.