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2003 Supreme(Del) 549

S.K.AGARWAL
VINOD KHATRI – Appellant
Versus
STATE (CBI) – Respondent


Advocates Appeared:
A.K.DUTT, R.S.MALIK, Rajinder Singh

S. K. AGARWAL, J.

( 1 ) THIS is a petition under Section 439 of the Code of Criminal Procedure, 1973 (for short cr. P. C. ) for grant of bail in case RC No. 3a/ 2003/cbi/acu-IX/dli for the offence under Sections 7/8/11/12 read with Sections 13 (2) and 13 (1) (d) of Prevention of Corruption Act, 1988 read with section 120-B IPC.

( 2 ) LEARNED counsel for the petitioner submits that petitioner was arrested in the above noted case on 7. 5. 2003 and after police remand he was sent to judicial custody on 15. 5. 2003; that nothing incriminating was recovered from the petitioner or at his instance; that petitioner has clean antecedents and is willing to abide by any condition that may be imposed by the Court; that no useful purpose is likely to be served by keeping the petitioner in custody any longer; and there is no likehood of the charge-sheet being filed within 60 days, on which date, the petitioner would be entitled to be released on bail under proviso to Section 167 (2), Cr. P. C.

( 3 ) MR. A. K. Dutt, learned counsel appearing on behalf of CBI, on instructions from Mr. M. K. Bhatt, Additional S. P. , CBI, strongly opposes the bail application. He submits that the work of widening




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