TMI Blog2021 (1) TMI 1180X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of Sections 13(1)(c), (d) and Section 13(2) of the Prevention of Corruption Act 1988 as well as Sections 420, 467, 468 and 120B of the Indian Penal Code 1860 - HELD THAT:- Since the charge sheet has already been filed and having regard to the facts and circumstances, the grant of anticipatory bail under Section 438 would be in order. It is directed that in the event of the arrest of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eave granted. 2 Aggrieved by the denial of anticipatory bail under Section 438 of the Code of Criminal Procedure 1973 [1 CrPC ] , these proceedings have been instituted under Article 136 of the Constitution by the appellant. 3 The appellant was the Chairperson of the Surajgarh Municipality in Rajasthan. His successor was elected on 21 August 2015 and assumed charge with effect from 31 Aug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... charge sheet has been submitted on 27 February 2020. Learned counsel submitted that the apprehension which gave rise to the filing of the application under Section 438 was occasioned by the fact that the trial Judge, while issuing summons on 30 March 2020, issued an arrest warrant. It has been submitted that the issuance of the arrest warrant was contrary to the provisions of Sections 190, 204 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the order of this Court. 6 We have heard Ms Nilofar Khan, learned counsel appearing on behalf of the State, who has opposed the grant of anticipatory bail on the ground that the appellant had executed the pattas even after the term of his office had ended. 7 Having considered the rival submissions, we are of the view that since the charge sheet has already been filed and having regard t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, for the reasons already indicated, that in the event of the arrest of the petitioner, he shall be released on bail, subject to such terms and conditions as may be imposed by the trial court, in connection with FIR No 310 of 2017 registered at PS OP Anti Corruption Bureau, Jhunjhunu, Rajasthan. 4 The appeal is accordingly allowed in the above terms. 5 Pending application, if any, stands di ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
