1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.944 of 2010 [Subhash Laltaprasad Tiwari Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. R.R. Vyas, Adv., for the applicant. Mr. S.S. Doifode, APP for respondent. ---- CORAM : A.H. JOSHI, J. DATE : 24th June, 2010. 1. This is an application under Section 438 of Criminal Procedure Code. 2. First Information Report is lodged against applicant for offence punishable under Section 13 (1) (e) and 13 (2) of the Prevention of Corruption Act, 1988. 3. The application for bail is pressed on the ground that in the First Information Report, four things are disclosed, namely that:- [1] Applicant’s known sources of earning and his assets disclose that his assets are not disproportionate. [2] Assets of Applicant’s wife are apparently disproportionate. 2 [3] Wife’s assets cannot be clubbed with that of the applicant, since he has a separate source of income and it has not been considered. [4] Applicant and his wife’s records are already with the police and applicant’s arrest and interrogation may not be required. 4. Heard learned Adv. Mr. R.R. Vyas for the applicant and learned APP Mr. S.S. Doifode for the respondent. 5. It is seen from First Information Report that it is a clear case of applicant and his family members taken together possessing assets which are disproportionate to their known sources of income. 6. Prima facie, it is a case where offence under Section 13 (1) (e) and 13 (2) of the Prevention of Corruption Act is duly described in the First Information Report. 7. Moreover, the contents of First Information Report are based on reckoning of sources of income and assets of applicant and his wife. 8. In this background, it cannot be said that the applicant is falsely involved in the case. 3 9. In this situation, from what prima facie reveals at this stage it cannot be said that the applicant may not be guilty of offence for which First Information Report is registered against him. 10. In the circumstances, the discretionary relief of anticipatory bail is not available to the applicant. 11. Application has no merit, and is rejected. Judge |Hedau|