2020 (7) TMI 796 - HC - Indian Laws

Seeking grant of anticipatory bail - shortage of Coal - offence punishable under Sections 120-B 409 of the Indian Penal Code and Sections 13 (2) read with Section 13 (1)(c) 13(1)(d) of the Prevention of Corruption Act, 1988 - HELD THAT - Considering the entire facts situation of the case and particularly for the reason that the Investigating Officer does not need custodial interrogation of the applicants and, in fact, the applicants were never arrested during the period of four years when the investigation continued, this Court is inclined to release the applicants on anticipatory bail. Both the applications are allowed and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on each of them executing a personal bond for a sum of ₹ 50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the conditions imposed - decided in favor of applicant.

Summary

Issues:
Grant of anticipatory bail in connection with a crime involving shortage of coal and corruption charges.

Analysis:
The applicants sought anticipatory bail in connection with a crime involving a shortage of coal and corruption charges. The FIR was registered on 9-11-2016 after a surprise check revealed a significant loss due to coal shortage at Jampali Open Cast Mines. The charge sheet was filed on 28-2-2020 after a 4-year investigation period during which the applicants were not arrested. The Investigating Officer confirmed that custodial interrogation was not necessary due to the charge sheet being filed. The applicants, being officers of SECL, were deemed unlikely to abscond. The Court, considering these factors, granted anticipatory bail to the applicants. The bail was allowed with conditions including a personal bond of ?50,000 and the requirement to make themselves available for interrogation, refrain from influencing witnesses, and not induce or threaten anyone related to the case.