Point of law: Corruption in a society is required to be detected and eradicated at the earliest as it shakes “the socio-economic-political system in an otherwise healthy, wealthy, effective and vibrating society”. Liberty cannot last long unless the State is able to eradicate corruption from public life. Corruption is a bigger threat than external threat to the civil society as it corrodes the vitals of our polity and society. Corruption is instrumental in not proper implementation and enforcement of policies adopted by the Government. Thus, it is not merely a fringe issue but a subject matter of grave concern and requires to be decisively dealt with

ORDER :

RULE. Ms. Nisha Thakore, learned APP waives service of notice of rule on behalf of the respondent State.

1. The petitioner – original accused No.1 has preferred this petition under section 438 of the Code of Criminal Procedure for anticipatory bail in connection with the offence registered with ACB Police Station, Godhra vide C.R.No.08/2020 for the offences punishable under sections Section 13(1)(b) and 13(2) Prevention of Corruption Act (Amendment), 2018.

2. The petitioner has filed written submissions as under:-

2.1. As per the case of the petitioner, one Jesingbhai Damor, Police Inspector, Panchmahal ACB Police Station was investigating in connection with Asymmetrical properties of the accused. Earlier the offence was registered against the accused persons who were discharging their duty at Shahera. The offence was registered at Shahera Police Station vide C.R.No.I-36/2018 for the offences punishable under Sections 406, 420, 465, 467, 468, 471, 409, 120-B, 34 of IPC and also under Section. 66B of the I.T.Act. Later on as the petitioner and another accused persons were the public servants, the charge under sec. 13(1)(c) r/w sec. 13(2) of the Prevention of Corruption Act, was added. In that case the charge-sheet was also filed in January, 2019. As the petitioner was apprehending his arrest in connection with that offence, he preferred Criminal Misc. Application No.11596/2018. This Court (Coram: Hon'ble Mr. Justice A.Y. Kogje) by order dated 14/8/2018 granted anticipatory bail to the petitioner. According to the petitioner, in the order, the coordinate bench of this Hon'ble Court has observed after taking into consideration the submission in para-5(ii), the submissions on behalf of the petitioner that the petitioner was in charge only during the period between 31/3/2017 to 18/3/2018 and during this period the petitioner had signed only two Payment Orders and no payment pursuant to these payment orders is released. In Para-5(iii) the Court observed that the other payment orders appears to be under the signature and as per the Password allotted to co-accused Mr. C.L. Patel. The most important aspect is that though this Court observed after verification of the document that the petitioner had signed only two payment orders, however, no payment pursuant to these payment orders is released. The petitioner, on verification of the work found that as such no such work was ever done and, therefore, immediately he stopped the payment to the Contractors. According to the petitioner, some of the contractors were politically connected and, therefore, under the pressure of politicians, he was impleaded as accused falsely in the case though subsequently the investigation has been done by ACB, Godhra. The petitioner could have been dropped by the ACB, the pressure prevailed upon the ACB also to continue him as accused in the case.

2.2. According to the petitioner, after getting sanction and direction from Chief Police Officer, Director, ACB Gujarat State, Ahmedabad vide letter No. INV/D/Panchmahals/07/2018/5940 dated 14/12/2018, he was directed to investigate against the petitioner-accused. It is pertinent to note that in the FIR which is lodged after more than 1.½ year, the I.O., ACB collected all the documents including Bank Accounts, documents pertaining to properties from Sub-Registrar's Office as well as from the accused petitioner and so many other details about the source of income so far as the petitioner and his wife are concerned. In the FIR, on Page-1 there is specific mentioning about the investigation and the seizure of documents from the accused person for the purpose of investigation into this case. This would clearly show that the petitioner has cooperated with the investigation thoroughly and whatever documents were needed and required by the Police, they have been supplied including the statements of Bank Accounts, Income-tax Returns, documents with regard to purchase and sale of properties and the police has also seized