The Bombay High Court ( HC ) granted bail to a Tax Consultant convicted under section 12 of the Prevention of Corruption Act, 1988 in a bribery Case. Public servants obtain, valuable things, without consideration from the person concerned in proceeding or business transacted by such public servant and Punishment for abetment of offences defined in sections 7 or 11 are defined under sections 11 and 12 of the Prevention of Corruption Act 1988.
Mehboob Jaffer Ali Shaikh, the applicant filed the bail application against the Judgment and order passed by Special Judge, CBI, Greater Bombay in Special Case No.116 of 2013. The applicant was the original accused No.2. and was convicted for the commission of an offence punishable under section 12 of the Prevention of Corruption Act, 1988 and was sentenced to suffer R.I. for three years and to pay a fine of Rs.10000/- and in default of payment of fine to suffer S.I. for six months. The co-accused Gokhale Satyanarayana Vanam was convicted for the commission of offences punishable Under sections 7, 13(2) r/w. 13(1)(d) of the Prevention of Corruption Act, 1988.
The applicant was entrusted with the work of filing an income tax return by the complainant i.e. PW-2 Abdul Mansuri. The co-accused i.e. accused No.1 was the Office Superintendent working with the Income Tax Department in Mumbai. The complainant i.e. PW-2 had sold his house in Kharghar. It was argued by the prosecution that the applicant was found to have accepted the amount of Rs.20000/-.
It was submitted by the applicant that he was a Tax Consultant working for PW-2 and the amount was received as professional fees and not as a bribe. Further submitted that the sentence imposed on the applicant is short and the Appeal is not likely to be decided within that period. The applicant was on bail during trial and he has not misused that liberty. Even after conviction, the applicant was granted bail U/s.389 of the Cr. P C.
A Coram comprising of Sarang V Kotwal observed that the co-accused, who according to the prosecution case is the person for whom the bribe amount was demanded and accepted; is already granted bail pending his appeal. The applicant was on bail during trial and there are no allegations of misusing that liberty. The Court granted bail to the applicant.
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