KANHAIYA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order govern the disposed of bail application filed under Sec. 439 of Code Criminal Procedure by Mr. Manish Kumawat Advocate on behalf of the application Kanhaiya Lal pertaining to F.I.R. No. 36/2009 registered at Anti Corruption Bureau Jaipur in the offences under Sections 7/13 of Prevention of Corruption Act.

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

(3.) Learned counsel for the petitioner has contended that he has been falsely implicated in this case. The recovery memo allegedly prepared on 24.2.2009 does not bear his signatures which clearly evinces that at the time of recovery he was not present at the spot. The petitioner is a Chairman of Municipality, Kishangarh, Renwal. He is not conferred with the powers under law to pass an order with regard to the conversion of land use. All the preliminary proceedings initially were drawn by Tehsildar and Sub-Divisional Officer. Chairman, Municipality is not the only authority who is conferred with full powers to pass such order. On account of political reasons, the complainant has manoeuvred a false trap with the aid of Anti-Corruption Bureau authorities against him. The petitioner is an old man of 60 years of age and has been suffering many ailments. Now it is to be recovered from his possession, hence, he may be granted indulgence of bail.