1. Arrested on 9th of April, 2007on being found to have accepted an amount of Rs. 1000/- as illegal gratification from complainant, Rattan Lal Koul, who had lodged a written complaint with Police Station Vigilance Organization, Jammu that Mohd Razak, Patwari was demanding an amount of Rs. 1000/- as illegal gratification for entering Mutation of complainants wife, Daizy Koul regarding 9 l/2 marlas of land which she had purchased vide a duly executed and registered Sale deed, Mohd Razak, Patwari and Kaki Ram, his peon have filed these two applications for their release on bail in FIR. No.09/2007.

2. Shri Bhupinder Singh Salathia, Learned Additional Advocate General submits that the petitioners were involved in a case of corruption punishable under section 5(2) of the Prevention of Corruption Act 2006, they, as such may not be admitted to bail because their detention during trial would help curbing the menace of corruption in the society which according to Mr. Salathia had reached an alarming level. Learned Counsel additionally submits that the petitioners would tamper with the evidence which had been collected and which may be collected during further investigation of the case to find out as to who else in the Revenue Department of the State to which the petitioners belonged were involved in encouraging corruption in the Revenue Department.

3. Shri K. S. Johal, on the other hand, submits that the petitioners carry a presumption of innocence. Punishment prescribed under Section 5(2) of the Prevention of Corruption Act is neither death nor imprisonment for life which may create an absolute impediment in considering their release on bail when they had already spent sufficient time in custody with the Vigilance Organization facilitating their custodial interrogation, which even otherwise was not warranted after the alleged seizure of trap amount from one of the petitioners.

4. I have considered the submissions of learned counsel appearing for the parties.

5. True it is, that corruption is rampant in the society and its tentacles are spreading with alarming speed affecting proper governance and credibility of the society itself -- But, what is the remedy? -- And should the Court, adopt a different approach in considering the release of persons accused under the corruption cases than the one which is adopted in case of other offences.

6. The Law makers, finding it difficult to tackle various ills in the society by ordinary Laws of the Land, had been enacting special Laws with stringent provisions for punishments, and bail during investigation and trial of special offences enacted to deal with those ills which they considered could not have been satisfactorily dealt with under the ordinary Laws of the Land. The Narcotic Drugs and Psychotropic Substances Act, 1985 is one of such enactments.

7. The Law makers, in their wisdom, have not yet probably considered it fit and expedient, to bestow their thought as to whether or not stringent provisions for punishment, And governing bail during investigation and trial to deal with the corruption amongst public servants under the Prevention of Corruption Act and other such like enactments, were required to be enacted to deal sternly with the vice of corruption.

8. So long as there were no such Special provisions in force providing severe punishment and stringent provisions regarding bail during investigation and trial of cases under the Prevention of Corruption Act and such like other Laws, persons accused of offences under the Prevention of Corruption Act, 2006, cannot, in my opinion, be treated differently to deny them consideration for bail during investigation and trial merely because they were alleged to be involved for infraction of offences under the Prevention of Corruption Act, 2006.

9. While considering release of persons accused of offences under the Prevention of Corruption Act, general principles governing grant or refusal of bail and provision of Section 497 of the Code of Criminal Procedur

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