HC dismiss ARTO petition seeking bail in corruption case
JKUT (Jammu), October-06-2021-( JNF):-
While dismissing the bail application , Justice Sanjay Dhar observed that the petitioner has approached this Court directly without exhausting the remedy before Special Judge and even if petitioner did approach the said Court, yet he abandoned the application midway without actually exhausting the said remedy as the petitioner withdrew the said application. There are no exceptional circumstances in the case in hand which would entitle the petitioner to move the bail application directly before this Court.
Justice Sanjay Dhar further observed that apart from the above, since the Court of first instant i.e., Special Judge, Anticorruption, Baramulla, is already seized of the matter pertaining to grant of bail to co-accused, it will be appropriate if the bail application of the petitioner is also considered by the same Court along with bail application of the co-accused. This is important because any expression of opinion by this Court is likely to influence the outcome of the bail application filed by the co-accused before the Special Court.
With these observations, without expressing any opinion on the merits of the case, High Court ordered that the petition be dismissed with liberty to the petitioner to approach the Court of Special Judge, Anticorruption, Baramulla, with an application for grant of bail, if he so desires. If and when such an application is made before the said Court, the same shall be dealt with and disposed of on its own merits in accordance with law. The interim protection granted to the petitioner vide interim order dated 08.09.2021 shall remain in force for a further period of ten days from today so as to enable the approach the Court