HARISH CHANDRA MISHRA, J. - (1.) HEARD learned counsel for the petitioner and learned standing counsel for the CBI. Petitioner has been made accused for the offence under Sections 9 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act and Section 120B of the Indian Penal Code in connection with RC -5(A)/2010/AHD -R.
(2.) THERE is allegation against the petitioner to have amassed huge amount of assets and money during his tenure as Minister of Mines and subsequently as the Chief Minister of this State. It may also be mentioned that the bail application of this petitioner was earlier rejected by a detailed order dated 2.7.2010 in B.A. No.3843 of 2010 taking into consideration the allegations against the petitioner. Subsequently, the petitioner had moved before this Court for a provisional bail to allow him to attend the Parliament Session, which was also rejected by order dated 4.11.2010 in B.A. No.8421 of 2010. Brief facts of the case are necessary to be mentioned. A complaint case was filed by one Rajiv Sharma which was registered as Complaint Case No. 01 of 2009 and it was sent for institution of the police case under the provisions of Section 156(3) of the Cr.P.C., on the basis of which, Vigilance P.S. Case No.9 of 2009 was instituted against the petitioner and the other accused persons for the offences under Sections 409, 420, 423, 424, 465 and 120B of the IPC and Sections 7, 10, 11 and 13 of the Prevention of Corruption Act, 1988. It appears that in the said vigilance case, the charge -sheet was submitted against the petitioner for the aforesaid offences. A writ petition was filed bearing no. W.P.(PIL) No.4700 of 2008 and pursuant to the order dated
(3.) 8.2010 passed therein, the investigation of the case was entrusted to CBI, whereupon, the present case was instituted on 11.8.2010. 4 Thus, it appears that the earlier bail application of this petitioner was rejected by order dated 2.7.2010 in B.A. No.3843 of 2010, prior to the institution of this RC -5(A)/2010/AHD -R by the CBI. Subsequently, after investigation of the case, the CBI filed charge -sheet against the petitioner on 12.11.2010 for the offences under Section 120B of the Indian Penal Code, Section 9 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act.;