Puneet Mohnot Vs State of Rajasthan (Rajasthan High Court)
HC court is of the view that applicant-petitioner is a Chartered Accountant and not a public servant. Thus provisions of Prevention of Corruption Act, 1988Act cannot be involved against a private person alone, is a question worth consideration. Further, the applicant-petitioner was rendering his professional services to the complainant two years prior from the date of occurrence and he has no criminal antecedents. In light of the above, this court deems it appropriate to enlarge him on bail.
FULL TEXT OF THE JUDGMENT/ORDER OF RAJASTHAN HIGH COURT
1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Puneet Mohnot S/o Shri Arjun Raj Mohnot. The petitioner was arrested in connection with FIR No.205/2022 registered at Police Station Pradhan Aarakshi Kendra, Anti Corruption Bureau, Rajasthan Jaipur, District Jaipur for the offence(s) under Section 7A of Prevention of Corruption Act and Section 120B of IPC.
2. Learned counsel for the accused-petitioner submits that his client is a Chartered Accountant who was serving the complainant. On account of certain reasons, he was removed from the services. He further submits that on account of vindictiveness on the part of the complainant, who was his client, he has been falsely implicated in the case. As per him, Prevention of Corruption Act, 1988 is not applicable upon him as he is not a public servant. He has further submitted that action qua him is premature. No action upon him can be made out, specially when none of the public officials are implicated in the present matter or any proceedings/criminal action is contemplated against them. He has further submitted that the applicant-petitioner has no criminal antecedents.
3. Per contra, learned Public Prosecutor/GA-cum-AAG has vehemently opposed the bail application and submitted that there is recovery of Rs.2 lakhs qua the petitioner/applicant which is more than enough to attract the provisions under Section 7A of the said Act.
4. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case and material on record and without commenting on merits of the case, this court is of the view that applicant-petitioner is a Chartered Accountant and not a public servant. Thus provisions of PCA Act cannot be involved against a private person alone, is a question worth consideration. Further, the applicant-petitioner was rendering his professional services to the complainant two years prior from the date of occurrence and he has no criminal antecedents. In light of the above, this court deems it appropriate to enlarge him on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Puneet Mohnot S/o Shri Arjun Raj Mohnot shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
