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2015 (3) TMI 1383 - SC - Indian LawsBail application - Bribe - allegation of receiving bribe on behalf of senior officials - abettor to the principal perpetrator, Accused 1 or not - HELD THAT:- The senior accused, A-1, had been requested to issue a patta in favour of the complainant. A-2, A-1's junior officer, was given the trap money in A-1's office and on his behalf by the complainant, who was accompanied by a trap witness. On exiting the office of A-1, A-2 was at once apprehended. Although A-1 had not been entrapped per se, he was found to be conclusively incriminated by the circumstances and evidence of the complainant. The conviction of Accused 1 perfectly sustainable. It is an argument a fortiori supportive of Accused 1's conviction herein, since in Shamsudhin, A-2's receipt in A-1's office on behalf of A-1 could conceivably have been repudiated by A-1 on the ground that he himself could have taken receipt of the bribe amount in his own office, being physically present there at the time of payment, and need not have relied on his junior officer to take receipt thereof on his behalf. Contrarily, in the case before us, Accused 1's absence from the office at the time of the trap strengthens, rather than weakens, the claim that his junior officer, Accused 2, was receiving part of the bribe amount as a custodian on his behalf. Bail of both Accused stands hereby cancelled. Consequently, it is directed that the Accused persons are to be taken into custody forthwith, to serve out the remainder of their sentences - Appeal dismissed.
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