RAMANAND SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order governs the disposal of third bail application filed under Sec. 439 of Cr.PC. by Mr. R.K. Jain Advocate on behalf of the applicant Ramanand Sharma pertaining to F.I.R. No. 96/08 registered at Anti-Corruption Bureau Jaipur in the offences under Sections 7/13(2) read with 13(1)(d) of Prevention of Corruption Act and read with 120-B of IPC.

(2.) Heard the learned counsel for the petitioner, learned counsel for the complainant as also the learned Public Prosecutor for the State and perused the material on record.

(3.) Learned counsel for the petitioner has contended that in compliance of the directions issued vide bail order dated 01.08.2008 by the co-ordinate Bench, the trial court has recorded the statements of Buddhi Prakash Pareek and Rajesh Kumar Thakuria. Both these witnesses have not supported the case of the prosecution. These witnesses have nowhere stated anything against the petitioner with regard to soliciting for and acceptance of bribe or illegal gratification. Neither the petitioner is found to have demanded illegal gratification nor any bribe money is found to have been recovered from his possession. The petitioner has been in custody for the last 10 months. The trial of the case is likely to take time. The provisions of Sub-section (6) of Sec. 437 of CrPC. envisages that in case the trial does not conclude within a period of 60 days, the accused should be enlarged on bail. This prayer was made before the learned trial court also but the same was not considered. Hence, in view of these circumstances, the petitioner deserves to be released on bail.