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1 - 10 of 12 (0.28 seconds)Dr.Subramanian Swamy vs Director, Cbi & Anr on 6 May, 2014
R/CR.MA/10991/2020 ORDER
It is often quoted that the Public servants are like
fish in the water, none can say when and how a fish
drank the water. The Constitution Bench of the
Supreme Court in case of Dr.Subrahmanian Swamy Vs.
Director, CBI and Another , reported, reported in
(2014) 8 SCC 682 (decided on 6.5.2014) taking very
serious note on the level of corruption prevailing in
the country and the objects of enacting the
Prevention of Corruption Act, had observed as under:
"71. Corruption is an enemy of nation and
tracking down corrupt public servant, howsoever
high he may be, and punishing such person is a
necessary mandate under the PC Act, 1988. The
status or position of public servant does not
qualify such public servant from exemption from
equal treatment. The decision making power does
not segregate corrupt officers into two classes
as they are common crime doers and have to be
tracked down by the same process of inquiry and
investigation.
Prevention of Corruption Act, 1947
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 7 in The Prevention of Corruption Act, 1988 [Entire Act]
Section 10 in The Prevention of Corruption Act, 1988 [Entire Act]
Sanjay Chandra vs Cbi on 23 November, 2011
4. Learned Sr. Advocate Mr.Nanavati for the
applicant submitted that now the investigation is
already completed and the chargesheet has already
been filed against the applicant and other accused,
and therefore, there is no possibility of the
applicant hampering the investigation or tampering
with any evidence. He submitted that the coaccused
Shailesh Rabari, Circle Inspector, who was found to
have accepted the amount of bribe has already been
enlarged on bail by this Court vide the order dated
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R/CR.MA/10991/2020 ORDER
26.6.2020 in Criminal Misc. Application No.8326 of
2020, and therefoe, the present applicant, who was
the Mamlatdar and against whom similar allegations
have been made, should also be released on bail on
the ground of parity. Placing heavy reliance on the
decision of the Supreme Court in case of Sanjay
Chandra Vs. CBI, Reported in (2012) 1 SCC 40,
Mr.Nanavati submitted that considering the nature of
punishment prescribed under the Prevention of
Corruption Act and considering the fact that the
application is not likely to abscond or jump the
bail, the present applicant be granted bail, more
particularly when the applicant is in jail since more
than three months.