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2016 (2) TMI 1311 - HC - Indian LawsSeeking concession of pre-arrest bail - Sections 7/8/13(2) read with Section 13(1)d 1 and 2 of the Prevention of Corruption Act, 1988 - HELD THAT - Notice of motion, returnable for 26.04.2016. The petitioner is directed to appear before the Investigating Officer and to join investigation - In the event of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting/Investigating Officer. The petitioner shall join investigation as and when called upon to do so and he shall remain bound by the conditions envisaged under Section 438(2) Cr.P.C.
Issues:
- Application for pre-arrest bail under Section 438 Cr.P.C. - Allegations of corruption under Prevention of Corruption Act, 1988. - Sequence of events regarding mutation sanction and bribery allegations. Analysis: The petitioner filed a petition under Section 438 Cr.P.C. seeking pre-arrest bail in a case involving allegations under the Prevention of Corruption Act, 1988. The FIR was registered based on a statement by Rampal, accusing the petitioner, a Patwari, of demanding a bribe of &8377; 20,000 for sanctioning a mutation related to the purchase of land. The petitioner's counsel presented documents showing that the mutation process was completed before the alleged demand, with the sale deed registered on 17.11.2015 and mutation sanctioned on 24.11.2015, undermining the bribery accusations. The court directed the petitioner to appear before the Investigating Officer and join the investigation. In case of arrest, the petitioner was granted interim bail, subject to the satisfaction of the Arresting/Investigating Officer. The petitioner was required to cooperate with the investigation and abide by the conditions specified under Section 438(2) Cr.P.C. The court considered the timeline of events and the documentary evidence presented by the petitioner to challenge the validity of the bribery allegations, highlighting the importance of factual verification in corruption cases to ensure justice and fairness.
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