Case Law Details
Rajkumar Bhatia Vs State of Maharashtra & Anr (Bombay High Court)
Present applicant was working as ACIT. Accused No. 2 who was an Income Tax Inspector approached PW-6 and told him that there was a complaint filed against him and for that he should meet the present applicant i.e. ACIT.
It is the prosecution case that the applicant initially demanded bribe of Rs.35 lakhs and after some negotiations it was brought down to Rs.15 lakhs. PW-3 and PW-6 did not want to pay that amount. They approached the C.B.I. and lodged the complaint. Ultimately, on the day of trap i.e. on 21/01/2009, an amount of Rs.2 lakhs was kept in a paper packet. Everything was sprinkled with phenolphthalein powder. It is alleged that the accused No.2 accepted that packet in a car. After that he was caught. His left hand was dipped in sodium carbonate solution. The liquid turned into pink colour. The liquid was sent for chemical analysis which also confirmed the presence of phenolphthalein powder. On these allegations, both the accused were tried and ultimately convicted.
Both sides have raised important issues which will have to be decided at the final hearing stage of the Appeal. The applicant was on bail during trial. The incident is old. The date of complaint is 19/01/2009. Even after his conviction he is granted bail by the Trial Court U/s.389 of the Cr.p.c. The Appeal is not likely to be decided within a short period. Considering these aspects, the applicant can be granted bail pending his Appeal.
FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT
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