Acharya bail opposed
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The CBI on Friday told the court that it did not need sanction to prosecute senior IAS officer B.P. Acharya.
“The absence of sanction under Section 197 of CrPC doesn’t come in the way of taking cognisance of the offences committed by him,’’ the CBI told court while opposing his bail.
Mr Acharya was earlier released on bail by the CBI court as it couldn’t take cognisance of offences against him in the absence of sanction from the state.
and the bail was subsequently cancelled by the High Court.
“The accused consciously in furtherance of the criminal conspiracy with the remaining accused abused his official powers and perpetrated the offence, exposing the government to financial peril,’’ CBI said in its counter to BP Acharya’s bail petition.
The investigating agency opposed the contention of the petitioner, citing Supreme Court judgment in Sanjay Chandra and others Vs CBI, that an accused can’t be confined in jail when chargesheet is filed on completion of investigation irrespective of nature of offence on the premise that `the overt acts of the accused in furtherance of criminal conspiracy by abusing his official power have got a pervasive effect on the society as a whole having a lasting impact.’
CBI told court that the accused, being highly influential person, is likely to hoodwink witnesses and may dissuade them from testifying against him.
“Acharya didn’t cooperate during the course of investigation and didn’t disclose the facts that are in his exclusive knowledge deliberately,’’ CBI submitted to the court. The court posted the case to April 23 for further hearing.
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