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1997 Supreme(Del) 29

S.K.MAHAJAN
P. V. NARASIMHA RAO – Appellant
Versus
STATE (CENTRAL BUREAU OF INVESTIGATION) – Respondent


Advocates Appeared:
A.K.DUTT, Aman Lekhi, ARUN BHARDWAJ, ARUN BIRBAL, Farida Khan, I.U.KHAN, K.C.Kaushik, L.SAHNI, MANISH MALHOTRA, P.N.LEKHI, P.P.MALHOTRA, R.D.Rana, R.K.Anand, RATNA KOCHHAR, S.Lal, Sonia Malhotra, Vijay Chaudhary, VIPUL MAHESHVARI

S. K. Mahajan, J.

( 1 ). THE Special Judge after taking cognizance of the offence under the Prevention of Corruption Act, summoned the petitioner to appear before him on 30th October, 1996. Apprehending arrest at the hands of the Court immediately on his appearance before the Special Judge, the petitioner has filed this petition for the grant of anticipatory bail. The facts in short relevant for deciding this petition are :

( 2 ). THAT after the general elections of 10th Lok Sabha in 1991, the Congress (I) emerged as the single largest party. On being invited by the President to form the Government, the Congress (I) under the leadership of Mr. P. V. Narasimha Rao formed the Government at the Centre. Monsoon session of Lok Sabha began on 26th July, 1993 with a no confidence motion being moved against the Government by Mr. Ajaya Mukhopadhyay, a CPI (M) MP. The effective strength of the Lok Sabha at that time was 528 and the Congress (I) had 251 Members in the Lok Sabha. The Government headed by Mr. P. V. Narasimha Rao was thus short of 14 Members of Parliament for a simple majority since it required 265 votes to defeat the motion of no confidence. Though, the motion of no confidence w



















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