PARAS NATH SAHU Vs. STATE

JUDGEMENT

(1.) Heard Mr.Shailesh, learned counsel appearing for the petitioner and Mr. D. K. Bharati, learned counsel appearing for the C. B. I.

(2.) In the present revision application the petitioner has challenged the order dated 24-12-2003 passed by the Special Judge, CBI, Dhanbad wherebv the learned Special Judge has rejected the prayer of the petitioner for his discharge.

(3.) The facts in short are that one Narayan Mahto lodged a complaint before the Superintendent of Police, CBI, Dhanbad alleging therein that the petitioner a clerk in Keshalpur Colliery Area-IV, BCCL, Dhanbad and one Debu Lal Das also a clerk in the said Colliery were demanding illegal gratification for giving no dues certificate/ clearance which was required for payment of the gratuity as he had retired on 01-03-2001. On the basis of the said complaint a case was registered by the C.B.I, under section 7 of the Prevention of Corruption Act, 1988. Thereafter, on fulfilling the required formalities a trap was laid on 30-10-2001 by the C.B.I, and the accused Debu Lal Das, Bill Clerk, was caught red handed while demanding and accepting illegal gratification of Rs. 100/- in his office room. It is said that the petitioner, Personnel Clerk, Keshalpur Colliery had also taken illegal gratification of Rs. 100/- from the said complainant on 30-10-2001 for giving no dues certificate/clearance to him and the transaction of illegal gratification was seen and heard by the independent witness B. K. Sinha. It is further said that as soon as Sri B.K. Sinha the independent witness informed the CBI team about the illegal gratification taken by the accused P. N. Sahu alias P. N. Saw, the CBI team rushed to the office of the petitioner to nab him but it is said that the petitioner escaped from his office. The CBI requested the Officer-in-charge of the concerned Police Station to arrest the accused P. N. Saw as he had taken illegal gratification but he could not be arrested. The petitioner, who managed to escape from his office on 30-10-2001, subsequently, remained absent on 31-10-2001 and 01-11-2001 also and ultimately he surrendered before the Special Judge, CBI, on 08-01-2002. After the investigation, the CBI submitted charge-sheet under section 7 and section 13{2) r/w 13 (l)(d) of Prevention of Corruption Act, 1988 against the petitioner as well as the other co-accused Debu Lal Das.