Ashok Rana v. Central Bureau Of Investigation

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-24812 of 2017 Date of Decision: July 19, 2017.

Ashok Rana ..........PETITIONER(s).

VERSUS

Central Bureau of Investigation ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. R.S. Rai, Sr. Advocate with Mr. Vishal Aggarwal, Advocate for the petitioner (s).

Mr. Sumeet Goel, Advocate for the respondent/CBI.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.13 dated 29.5.2017 registered for the offences punishable under Sections 7, 13 (1) (d) read with Section 13 (2) of Prevention of Corruption Act and Section 120-B IPC, at Police Station CBI, Chandigarh. Heard.

Notice of motion.

On asking of the court, Mr. Sumeet Goel, Advocate for Central Bureau of Investigation, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him. As per case set up by the Central Bureau of Investigation, the petitioner was facilitator/mediator between the complainant and Tilak Raj Sharma, Joint Director Industries, Himachal Pradesh, in deal whereby a sum of `5.00 lakhs was paid as illegal gratification. At the time of payment of illegal gratification, the petitioner was sitting on the front seat and after accepting the bribe amount, he kept the same on the backside of the driver's Deepak Kumar 2017.07.20 14:07 I attest to the accuracy and integrity of this document

CRM-M- 24812-2017 -2- *** seat pocket from where it was recovered. Mr. Tilak Raj Sharma was sitting on the back side of the car at that time.

The recovery in this case has been effected. The allegations against the petitioner are of facilitator/mediator. He has been arrested on 29.5.2017. The case is still under investigation. The completion of investigation and conclusion of trial will take considerably long time. As such, without expressing any opinion on merits of the case, the present petition is allowed. Petitioner Ashok Rana is ordered to be released on bail on furnishing bail bond and surety bond to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.

c. He shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) July 19, 2017 JUDGE deepak.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Deepak Kumar 2017.07.20 14:07 I attest to the accuracy and integrity of this document