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2018 (3) TMI 1335 - HC - Indian LawsRegular bail - Section 439 Cr.P.C. - Section 120B read with Section 420 IPC; Section 8 and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 - Held that: - This Court is conscious that at the time of consideration of bail, a detailed examination of the evidence and elaborate documentation of the merits of the case, which may prejudice the prosecution or accused is to be avoided. No plausible explanation has been given by the petitioner as to how and why, for consultancy services purportedly given by ‘CMS’, invoice in the sum of ₹ 10 lacs as professional fee was raised on behalf of ‘ASC’. This incriminating circumstance, however, alone is not sufficient at this stage to deny bail to the petitioner as this payment was duly accounted for in the records and was received by a cheque. It is a matter of trial as to who was the ultimate beneficiary of this amount. No credible evidence has been produced on record regarding the exact relationship of the petitioner with ‘ASC’. Allegations against the petitioner primarily are for commission of offence punishable under Section 8 of Prevention of Corruption Act. The punishment for commission of the offence punishable under Section 8 is imprisonment for a term which may extend to five years with fine. Settled position is that generally bail should not be refused unless the crime charged is of the highest magnitude and the punishment of it assigned by law is of extreme severity - There appears no possibility of the petitioner to flee from justice. His parents are senior advocates; he has family to take care of; he has roots in the society and is not a previous convict. The petitioner is entitled for bail - the petitioner is admitted to bail on his furnishing personal bond in the sum of ₹ 10 lacs with one surety in the like amount to the satisfaction of the Trial Court - petition allowed in part.
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