HC grants bail to SE & AEE who caught red-handed by the CBI
JKUT (Jammu), December-27-2021-( JNF):- The Jammu & Kashmir and Ladakah High Court today granted bail to Hilal Ahmad Sheikh Superintendent Engineer and Predhiman Krishan Koul Assistant Executive Engineer who were arrested by the CBI in corruption case.
Justice Mohan Lal after hearing Sr. Adv PN Raina and Advocate SS Ahmed for the petitioners whereas Adv Monika Kohli for the CBI Observed that for grant or refusal of bail in non-bailable offence, concept of ‘personal liberty’ as enshrined in Article-21 of the Constitution of India is of paramount importance and the general rule is that ‘bail is rule’ and ‘jail an exception’. Petitioners/accused are lying in detention for the last more than 24 days and presently are in judicial custody and are not required for the purpose of investigation any more. The fundamental postulate of criminal jurisprudence is that an accused is presumed to be innocent till guilt is proved against him. Keeping of petitioners/accused in continuous detention would amount to infringement of their fundamental right to life and liberty which would amount to their incarceration and inflicting pre-trial punishments which is against the mandate of criminal jurisprudence as punishment can only be inflicted after full flagged trial and after holding the accused guilty. In view of the aforesaid discussion, it is amply clear, that there would be no danger of the course of justice being thwarted if petitioners/accused are granted bails. Therefore, petitioners/ accused have carved out a strong case for grant of bails in their favour. The bails applications succeed and are allowed. Accordingly, petitioners/accused are admitted to bails subject to their furnishing one surety bond each in the sums of Rs. 50,000/- to the satisfaction of Registrar Judicial this Court with furnishing of personal recognizance’s of like amounts before Superintendent District Jail, Ambphalla Jammu. Before parting, the following conditions are imposed upon the petitioners/accused that the petitioners/accused shall not influence the prosecution witnesses or intimidate them or dissuade them from deposing before the court, the petitioners/accused shall appear before the trial court on each and every date of hearing during the trial except for special circumstances beyond their control and not leave the territorial jurisdiction of the trial court without seeking prior permission from it and in case respondent/CBI collects any material during the period the petitioners/accused are on bail that they
are influencing the witnesses or have tried to intimidate them the prosecution would be within their rights to move an application before this court for cancellation of their bails. JNF