Headnote
AI-drafted · Reviewed and approved
The petitioner, a retired Collector who served at Gandhinagar from 06.04.2018 to 30.09.2019, filed applications for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, in connection with two FIRs alleging criminal breach of trust, misuse of official powers, and offences under the Prevention of Corruption Act, 1988. The FIRs alleged that the petitioner passed unlawful non-agricultural permission orders during his tenure and even after retirement, ignored government rules for personal gain, harassed petitioners who did not settle matters financially, and caused loss to the government.
The petitioner contended that the orders he passed were quasi-judicial in nature and had attained finality as neither the State nor any aggrieved party had challenged them before a higher forum. He further submitted that there was no material on record to indicate demand or acceptance of illegal gratification, that the FIRs were lodged after an unexplained delay of approximately three years, and that all evidence was documentary in nature, eliminating any risk of tampering. The Sessions Court had rejected his anticipatory bail applications, leading to the present petitions before the Gujarat High Court.
The High Court examined whether the ingredients of criminal breach of trust under Section 405/409 IPC and the offences under the Prevention of Corruption Act were prima facie made out against a public servant who exercised quasi-judicial powers, noting in particular that the impugned orders had not been challenged or set aside by the State through available appellate or revisional remedies under the Bombay Land Revenue Code and the Gujarat Tenancy and Agriculturist Act.
Catchwords:
anticipatory bail · retired collector · public servant · criminal breach of trust · misuse of official power · Prevention of Corruption Act · non-agricultural permission · quasi-judicial orders · Bombay Land Revenue Code · Gujarat Tenancy and Agriculturist Act · delay in lodging FIR · flight risk · senior citizen
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