Special Judge CBI Rajesh Sekri rejected the bail application of FatehAli AEE who was caught red-handed by the CBI in a trap case.
The Central Bureau of Investigation (CBI) had arrested an Assistant Executive Engineer, Public Health Engineering Department, Rajouri for demanding and accepting a bribe of Rs 20,000 from the complainant. A case was registered on a complaint against an Assistant Executive Engineer, PHED, Govt. of J&K under Section 7 of Prevention of Corruption Act, 1988 (as amended in 2018). It was alleged that the complainant’s firm was allotted a tender by Flood Control Division, Samba for construction work in river Tarnah, near Gow Shala on the Pathwal Downstream of National Highway and the work was completed. As per the terms of the tender, the then Assistant Executive Engineer (AEE) of Flood Control Division, had to supervise & inspect the construction work. It was further alleged that the accused did not sign the work register due to which payment was not cleared by Flood Control Division. It was also alleged that the accused demanded a bribe of Rs 20,000 for signing the Work Register.
Special Judge CBI Rajesh Sekri after hearing both the sides observed that years with this part of the country emerging as a breeding ground entrapped in the tentacles of this scorn. It may seem to be an ordinary crime but there is no denying the fact that the money generated from it finds its use in financing the acts inimical to the stability of the nation. The offence committed by the accused, in the instant case, is highly deleterious with societal ramifications. Duty of the court in such type of cases becomes more pronounced. There is cogent material available on record regarding prima facie culpability of the accused in the economic offence. Offence u/s 7 of the P.C.Act, is punishable with imprisonment which may extend to seven years, but shall, not be less than three years. There is every apprehension, as such, that bail if granted to him may no longer render the case conducive to investigation and subsequent trial. Therefore, release of petitioner on bail at this juncture, in my opinion, is likely to thwart the course of justice. With these observations, the Court rejected the bail application. JNF