No anticipatory bail for Sharma

The judge held that since the initial investigations had indicated that the amount of commission secretly obtained was to the tune of Rs 43 lakh and further investigations are said to have raised that figure to almost double, anticipatory bail cannot be granted.

Before rejecting his petition, the court went into the aspect of whether his arrest was motivated by some oblique motives. The court had earlier held that it cannot be said that he is sought to be arrested without any basis, as the name of the petitioner figures as one of the recipients of the commission.

As regards Sharma’s plea that he be not arrested in view of his co-operating with the investigations, the judge held that the matter was of controversy, since the petitioner’s claims of co-operating with the authorities had been disputed by the state by raising a contention that the petitioner had not properly co-operated during his interrogation. Even the affidavit of DSP (Vigilance) did not corroborate this claim of the petitioner, the court observed. Sharma was earlier granted ad interim anticipatory bail by the HC on the condition that he’ll join investigations as and when required.

Meanwhile, the court has also directed that the authority arresting the petitioner shall immediately intimate his near relatives in writing the date and time when the petitioner would be produced before the magistrate for further remand.

The magistrate, the court directed, while granting either police or judicial remand would ascertain as to whether he has any grievance regarding his physical torture and if required the magistrate will send him to the nearest hospital for medical examination/treatment.