Honble JAIN, J.–The State of Rajasthan has filed these two applications under Section 439(2) Cr.P.C. for cancellation of order granting bail to the accused non-applicants by Mr. R.S. Rathore, RHJS, Special Judge, Sessions Court (prevention of Corruption Act) Jaipur, (for short ``Special Judge), in FIR No. 109/2004 of Anti Corruption Bureau, Jaipur. The Special Judge has granted bail to accused-non-applicant R.S. Srivastava (hereinafter referred as ``an accused) vide order dated 10th August 2004 on an application under Section 167(2) Cr.P.C. whereas the another accused-non-applicant Ajay Data (hereinafter referred as ``Co-accused) has been allowed bail under Section 437 Cr.P.C. vide order dated 11.8.2004. Both the applications under Section 439(2) Cr.P.C. arise from FIR No. 109/2004 of Anti Corruption Bureau, Jaipur and both the orders have been passed in the same FIR by the same Judge, therefore, both these applications are disposed of a common order.

(2). The facts in brief are that on 9th June 2004, two first information reports bearing No. 109/04 (for short ``First FIR) and 110/04 (for short ``second FIR) were registered against accused R.S. Srivastava and others by Anti Corruption Bureau, Jaipur for offences under Sections 7, 8, 13(1)(a) and 13(1)(d)(2) of the Prevention of Corruption Act, 1988 read with Section 120-B IPC.

(i) In the first FIR, it was alleged that on 23.5.2004, an information was received that accused R.S. Srivastava, IAS, who was holding the post of Member, Revenue Board, Rajasthan, Ajmer, had decided a revenue case pending before him, namely, Smt. Kamla Devi vs. State on 21.5.2004 against the plaintiff. Later on 9 persons came from Dholpur and met the Member, Board of Revenue, Mr. R.S. Srivastava, who agreed to decide the case in favour of plaintiff on bribe of Rs. 30 lacs. Mr. Suresh Bansal, Ramniwas Lawania, Mahesh and others remained in contact with accused to fnalize the deal and other terms as to when and where and to whom the amount of illegal gratification is to be paid. Thereafter, accused suggested to file a review petition and assured that in case payment of Rs. 5 lacs is made by 3rd or 4.06.then he will decide the case within 3-4 days. He also assured that he will grant interim stay order in review petition. It was also agreed that Shri Suresh Bansal, Advocate, resident of Dholpur and Ram Niwas Lawania will make the payment of first installment of Rs.5 lacs. During verification of the facts and investigation thereof, it transpired to the Anti Corruption Bureau that nine persons stayed in one hotel at Jaipur. Thereafter payment of Rs. 5 lacs was paid to co-accused Ajay Data at the instance of accused and ultimately the review petition was allowed by accused R.S. Srivastava, Member, Board of Revenue, Rajasthan, Ajmer, on 7.6.2004 itself without pronouncing judgment in open court.

(ii) The second FIR was registered in respect of some other revenue cases bearing nos. 2001/04, 2002/04 and 2003/04 relating to N.B.C. Unit of Birla Group situated at Jaipur in respect of a land measuring 54 acres. It was alleged that after settling huge amount as bribe or some share in the land, the accused decided the said revenue cases in favour of the concerned party.

(iii) The accused R.S. Srivastava was arrested on 10th June 2004 in second FIR No. 110/04. He was not arrested in the first FIR No. 109/04. The first FIR was relating to land situated at Dholpur and was subject matter of revenue case titled as Smt. Kamla Devi vs. State. The second FIR was n respect of another land which was subject matter of other cases and the land in dispute was situated at different places. The co-accused persons n both the FIRs are also different except Mr. Pande, P.A. of main accused.

(3). Facts relating to accused R.S. Srivastava

(i) The accused, while in custody in second FIR, moved an application for anticipatory bail under Section 438 Cr.P.C. before the Special Judge in first FIR on 22.06.2004, a copy of which has been placed on rec

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