Chandigarh, June 18
The anticipatory bail plea moved by the former Punjab and Haryana High Court Judge and Chairman of the Oil Selection Board, Mr M.R. Agnihotri, in a Prevention of Corruption Act case registered against him by the CBI was today dismissed by a local court. The order on the bail application was pronounced by the UT Additional and Sessions Judge, Ms Sneh Prasher, in the evening at around 4.15 pm.
A large number of advocates and general public had gathered outside the court to hear the arguments on the plea. The application moved by Mr Agnihotri came up for hearing before the judge at 11.15 am.
On the behalf of the Central Bureau of Investigation (CBI), a team of CBI officials accompanied by two advocates were present in the court room. On the other hand, a senior advocate of Punjab and Haryana High Court along with battery of advocates appeared for Mr Agnihotri.
The counsel for the CBI opposed the bail application on the ground that the bail plea moved by the petitioner could not be maintained before the honourable court as he had been booked by the CBI in a corruption case. And only the CBI Special Courts had the jurisdiction to take up the bail plea. He further said the CBI Special Courts were meant exclusively to deal with corruption cases.
Denying the objections raised by the counsel for the CBI, the counsel for Mr Agnihotri argued that the power to take up the bail plea laid with the UT Additional and Sessions Court. He said, where the offence was non-bailable the Sessions Court had power to hear the bail plea. He further said only the trial in the Prevention and Corruption Act could be conducted before the Special Judge.
Arguments form both sides continued for 30 minutes over the issue of jurisdiction of the Sessions Court to take up the bail plea under the Prevention of Corruption Act.
Claiming that the custodial interrogation of the accused was required to find more details about the number of persons and money involved in the case, the CBI counsel further opposed the bail application.
The counsel for the CBI further said during his tenure as chairman, Mr Agnihotri had conducted an interview for allotting petrol pumps and had awarded exceptionally high marks to one of the co-accused in the case, Ms Saroj Rani, and allotted her petrol pump violating the norms laid down by the Ministry of Petroleum.
The counsel for Mr Agnihotri argued that the CBI had conducted raids on his premises and recovered the articles they required. Moreover, the agency had spent many months in investigating the case. Therefore there was no necessity of custodial interrogation. He pleaded that the petitioner was an old man and had nothing to do with the case.
The counsel for Mr Agnihotri also raised doubts on the facts mentioned in the FIR registered against the petitioner. He said there was no specific criteria for allotment of marks in an interview conducted by Mr Agnihotri.
Mr M.R. Agnihotri and two others, Ms Saroj Rani of Sangrur and Mr K.C. Garg, had been booked under Sections 120-B, 420, 420, 467, 468 and 471 of the IPC and under the Prevention of Corruption Act 1998 by the CBI on June 10.
