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Judgment
6 paragraphs · 391 wordsM.L. Koul, J.
The accused is facing investigation under FIR No. 532 dated 10.6.1996 under Section 420 of the Indian Penal Code and Section 13 of the Prevention of Corruption Act, registered at Police Station, Karnal. The allegations levelled in the FIR are that the release orders in favour of some other persons were issued leaving the complaint and thereby allegations of grafting were levelled against the petitioner. The sole argument addressed by the learned counsel for the State is that Rs. 50,000/ have been recovered from the house of the petitioner and thus he is connected with the commission of the crime under Section 420 IPC and Section 13 of the Prevention of Corruption Act.
The accusedpetitioner is in the Police lockup since 12.6.1996 and no recovery is to be effected from him. If any wrong has been done by him that can be borne out from the official record that whether he has favoured any body and thereby has caused gainful profit or loss to any body else.
Counsel for the petitioner has invited my attention towards the original sale deed attached with the file from which it vividly transpires that the petitioner has sold his property by executing agreement to sell for Rs. four lakhs and received an amount of Rs. 40,000/ as earnest money. So the amount found in his house is his legal money. Thus, it cannot be said that this amount is the amount which he has obtained by way of bribe from some one else. However, this observation of mine will not in any manner affect the investigation of the case or with the Court in case the accused is put up for trial in the Court of law. the trial court shall be governed by the evidence and the law whatever will be relevant for the disposal of the case.
Thus, it is a fit case where the bail can be given on the petitioner and as such he is ordered to be released on bail in the amount of Rs. 40,000/ with one surety and personal recognition bond in the like amount to the satisfaction of Chief Judicial Magistrate, Karnal. However, the petitioner is directed to be present before the investigating officer when and if called for the purposes of investigation.
This petition stands disposed of accordingly.