2015 (10) TMI 2765

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....13 and 4529 of 2013 whereby anticipatory bail granted by the Additional Sessions Judge, Jalgaon, to the Appellants in connection with C.R. Nos. 71 of 2013 and 73 of 2013, registered at Police Station Dharangaon, relating to offences punishable Under Sections 409, 420, 467, 468, 477A read with Section 34 of Indian Penal Code (Indian Penal Code) and Under Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988, is cancelled. 3. We have heard learned Counsel for the parties and perused the papers on record. 4. Brief facts of the case are that Appellants Chandrakant Wagh and Sudhir Dahake are Executive Engineer and Sectional Engineer respectively in Rural Water Supply Department of Zilla Parishad, Jalgaon. Two First....

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....pent on erection of barbed wire in village Waghlud, but no work of fencing was done in the village. In the village Sonwad Khurd (C.R. No. 73 of 2013) work included relating to digging of bore well, fixing of pump and machinery, construction of pump house, and laying the pipeline. Barbed fence was also one of the works to be executed in village Sonwad Khurd. Most of the payments in respect of these works are shown to have been made in cash. 5. The High Court has taken note of the fact that initially Mr. V.S. Dikshit, learned Additional Sessions Judge, Jalgaon, declined to grant anticipatory bail to the accused- Appellants, and Appellant Chandrakant Wagh moved Criminal Application Nos. 2908 and 2909 of 2013 in connection with above two FIR....

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....ferred to the cases of Shri Gurbaksh Singh Sibbia and Ors. v. State of Punjab (1980) 2 SCC 565, and Ravindra Saxena v. State of Rajasthan (2010) 1 SCC 684. 8. In Ravindra Saxena (supra), the rejection of application for anticipatory bail by the High Court was set aside by this Court on the ground that the dispute between the complainant and the accused was in substance, civil in nature, as it was a property dispute arising out of commercial transaction, and the alleged offences were punishable Under Sections 448, 456, 457, 420, 467, 468, 471, 380, and 120B Indian Penal Code. In the present case before us, there are serious allegations of misappropriation of public funds, and corruption and the offences include one punishable Under Sectio....

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.... relief of anticipatory bail cannot be said to be barred merely for the reason that the allegations relate to economic offences or corruption, has clarified that where the allegations are malafide, the prayer for anticipatory bail can be accepted. In the present case, at this stage, there appears to be no malice on the part of Revenue Commissioner, who ordered enquiry, or Deputy Commissioner, who conducted enquiry, before getting lodged the First Information Reports against the Appellants. 10. In State of A.P. v. Bimal Krishna Kundu and Anr. (1997) 8 SCC 104, which relates to offences punishable Under Sections 420, 468 and 406 Indian Penal Code arisen out of leakage of question paper in respect of examination conducted by Public Service ....

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.... struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused; 12. In Bhadresh Bipinbhai Sheth v. State of Gujarat and Anr. 2015 (9) SCALE 403, laying down the principles regarding cancellation of anticipatory bail in sub paras (vi) and (ix) of para 23, this Court has observed as under: (vi) It is a settled legal position that the court which grants the bail also has the power to cancel it. The discretion of grant or cancellation of bail can be exercised either at the instance of the accused, the Public Prosecutor or the complainant, on finding new material or circumstances at any point....