The Allahabad High Court recently dismissed anticipatory bail plea of Ex Sales Tax Officer in a corruption case.
The petitioner in the present matter is Munna Singh, an Ex-Sales Tax Officer.
The present bail application under Section 438 Code of Criminal Procedure has been filed by the accused applicant seeking anticipatory bail in apprehension of his arrest in for offences committed under Sections 409, 420, 424, 467, 468, 471, 477, 218, 120-B of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act.
Anticipatory or pre-arrest bail, though nowhere explicitly defined in the Criminal Procedure Code of 1973 essentially means providing bail to a person even before its arrest. Section 438 of the Code of Criminal Procedure, 1973 has a provision, which confers on the Court of Session and the High Court the power to grant anticipatory bail.
The Petitioner can move the Court/ High Court if he has a ‘reason to believe’ that he may be arrested on accusation of having committed a non-bailable offence.Grant of anticipatory bail under Section 438 Cr PC is however a matter of a judicial discretion
Pradeep Kumar Shukla, Counsel appeared for the accused-applicant as well as Ratnendu Kumar Singh,AGA appeared for the State.
Ratnendu Kumar Singh, A.G.A. submitted that the government has not granted sanction for prosecution of the accused applicant and there is no apprehension of arrest of the accused applicant immediately. The Counsel submitted that unless the government grants sanction, charge sheet would not be filed though the investigation is complete.
The Court of Justice Dinesh Kumar Singh, observed that “I find substance in the submission of the A.G.A. that there is no imminent for his arrest. In view thereof, the present anticipatory bail is rejected.”
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