( 1 ) AFTER registration of the case FIR No. RC- 3a/96/cbi/acu (IV) under Section 120-B and Section 13 (2) read with Section 13 (l) (d) of the Prevention of Corruption Act, 1988 against the petitioner and two other persons, various premises of the petitioner were searched when large amount of cash and other assets were recovered. The Central Bureau of Investigation also came to know about the petitioner owning various immovable properties. The assets which were recovered and which had come to the knowledge of the Central Bureau of Investigation were substantially dis-proportionate to his known sources of income for which, according to the CBI, there was no prima facie explanation. A case FIR No. RC-4a/96 was, therefore, registered against the petitioner under Section 13 (2) read with Section 13 (l) (e) of the Prevention of Corruption Act.

( 2 ) AT the time of registration of the earlier FIR being RC-3a/96 and at the time of search, the petitioner was out of the country having allegedly gone to the United Kingdom for his medical treatment. On his return from abroad on 16th September, 1996, he was arrested at the Indira Gandhi International Airport, New Delhi itself in case FIR No. RC-3a/96. He was formally arrested in case FIR No. RC-4a/96 on 18th September, 1996. Having been released on bail in RC-SA/96, the petitioner had applied for bail in RC-4a/96, however, this application was dismissed by the Special Judge on 1st October, 1996. The present petition has, therefore, been filed by the petitioner for being released on bail in case FIR No. RC-4a/96. A few facts which are relevant fopurposes of deciding this petition are :

( 3 ) THAT on search of the various premises of the petitioner, former Minister of State in the Union Cabinet and presently a Member of Parliament, the following movable and immovable assets were known to be possessed by him :-

"moveable Assets 1. Cash amount in Indian currency to the tune of Rs. 3,61,80,364. 00. 2. Jewellery items amounting to Rs. l0,29,404. 00. 3. Bank accounts totalling 19, showing cash balance amount of Rs. 4,92,739. 00. 4. Household articles amounting to Rs. l0,30,000. 00. 5. Imported electronic gadgets, namely, electronic star typewriter, fax machines (NAFEX), video camera (Panasonic), colour T. V. (Sony), V. C. R. (Sony), mecrowave oven, video cassettes (80 Nos.) two double beds, luxury sofas, drill machine, vaccum cleaner Hitachi, cut classes, silver wares, juicer mixer Philips, table, maxi, own, fully automatic washing machine. Immoveable Assets 6. A palatial house constructed by Shri Sukh Ram at Samkithar Street, Mandi, Himachal Pradesh valuing approximately Rs. 20 lakhs. 7. A multi storied hotel named mayfair , Sheri Bazar, Mandi (Himachal Pradesh) valuing approximately Rs. 50 lakhs. 8. A palatial three storied building at D-42, Kaushambhi, Ghaziabad, constructed by Shri Sukh Ram in his own name, during 1993-96 worth Rs. l,00,00,000. 00 (Approximately ). 9. An apple garden measuring an area of 62 bighas at village Raddi (M. P.) and a farm house at the location. "

( 4 ) THE known sources of income of the petitioner and his wife for the period from 1992 were verified and the same were found not to be more than Rs. 30. 78 lacs. It is alleged that his sources of income prior to that would have been even lesser and these facts clearly disclosed that the petitioner who had been a public servant for the last about 10 years in his capacity as a Minister or Member of Parliament had amassed assets substantially dis-proportionate to his known sources of income, for which he had prima facie no explanation. Though, it was contended by learned counsel for the petitioner that the petitioner prior to his becoming a Minister for State in the Union Cabinet on 2nd July, 1992 was not a public servant and, therefore, he could not be charged for an offence of having possessed assets dis-proportionate to his known sources of income during the last ten years, however, from the record I fi