ORDER

Criminal Appeal No 89 of 2021

1 Leave granted.

2. Aggrieved by the denial of anticipatory bail under Section 438 of the Code of Criminal Procedure 1973 ["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 August 2015. FIR No 310 of 2017 was registered against the appellant on 9 November 2017, together with seven other persons. The allegation is that between 21 August 2015, when his successor was elected, and the assumption of office on 31 August 2015, the appellant had executed four pattas causing a deficit of Rs 32,133 to the treasury. The charge sheet was submitted on 27 February 2020, after investigation, for offences under the provisions 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.

4. Mr Abhishek Gupta, learned counsel appearing on behalf of the appellant, submits that though the FIR was lodged on 9 November 2017, no arrest was effected and, as a ma