- (1.) Since all the bail petitions arise out of the same FIR, they are decided by this common order.
(2.) These bail petitions have been filed u/s 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.422/2014 dated 3.12.2014 for the offences u/s 13(2) read with section 13(1) (C)(D) of the Prevention of Corruption Act, 1988 (hereinafter to be referred as "Act of 1988") and 120B, 420, 467, 468 and 471 IPC.
(3.) On 9.5.2013, complainant Ram Saran submitted a written complaint to the Director General, Anti-Corruption Bureau, Rajasthan, Jaipur alleging, inter alia, that Jaipur Development Authority (JDA) issued a single patta in favour of M/s Ganpati Construction in illegal manner and the land ad-measuring 3.43 Hector, situated in Todi Ramjanipura has been allotted to the company in a conspiracy. The complainant levelled charges of irregularity, corruption and misuse of post and power against the accused Bheem Sain Garg, Shailendra Garg, Vijay Mehta and the officers of J.D.A. and Urban Development Housing Department (hereinafter to be referred as "UDH department"). A preliminary enquiry No.15/2014 was registered and conducted. On the basis of report of preliminary enquiry, FIR No. 42/2014 was registered. During investigation, Shailendra Garg, partner of M/s Ganpati Construction and Nishkam Diwakar the then Deputy Secretary II, UDH department, were arrested and chargesheeted on 01.12.2015 for offences u/s 13(1)(C)(D) and 13(2) of the Act of 1988 and Section 409, 420 and 120B IPC. Investigation was kept pending u/s 173(8), Cr.P.C. against co-accused Vijay Mehta, Anil Agarwal, G.S. Sandhu, Onkar Mal Saini and B .M. Kapoor. After arrest of Vijay Mehta the then President of Rajendra Nagar Adarsh Grah Nirman Sahkari Samiti, G.S. Sandhu the then Principal Secretary, UDH department, Onkar Mal Saini the then Deputy Commissioner, Zone-10, JDA, a supplementary chargesheet dated 8.7.2016 was filed before the concerned court for offences u/s 13(1)(C)(D), 13(2) of the Act of 1988 and section 409, 420, 467, 468, 471 and 120B IPC.;