Jammu February-15-2024:- The Jammu & Kashmir and Ladakh High Court granted bail to Mohammad Shafi Dar former J&K Coopertiave Bank Chairman who was arrested by the Enforcement Directorate in 250 Crore money laundering case.
Justice Rahul Bharti while granting bail to accused, observed that Examining the things from this angle, the petitioner can be said to have a prima facie case in his favor just for the sake of earning bail which by no stretch of reasoning and reference is going to earn him any reprieve from facing trial in a criminal case if the ED is able to find out legal basis for his complicity and culpability in money laundering along with other accused persons whomsoever in the case. The petitioner has ceased to be the chairman of J&K State Cooperative Bank since 2020 and as such that denudes him from any position to influence any aspect relatable to the case. In addition, the sickness of the petitioner is also a ground persuading this court to grant him bail. The court of Special Judge Anti-Corruption (CBI cases) Srinagar, brushedaside the aspect of matter with respect to reported sickness of the petitioner saying that the heart related medical condition of the petitioner can be investigated even when the petitioner is suffering arrest custody. There is no denying the fact that the petitioner is 63 years old person and at this stage of life any health deteriorating condition if neglected that too in a state of custody can cause complications and in the present case. There is a medical reference on record to prima facie establish that the petitioner is having heard related complication which the petitioner in exercise of his fundamental right to personal liberty is well within his right to get it treated to the best of his resources and discretion and in that regard the public exchequer can be absolved from bearing the burden of medically attending the petitioner in custody.
With these observations, Court said that a case is made out for grant of bail by allowing the bail plea of the petitioner. The petition is thus allowed.
The petitioner is hereby granted bail subject to the terms and conditions of furnishing personal bond to the tune of rupees ten lacs to the satisfaction of the Superintendent of Jail concerned and surety bond of two sureties of like amount to the satisfaction of Registrar Judicial, Srinagar of this court. The petitioner shall not leave the territorial jurisdiction of Special Judge Anti-Corruption (CBI cases) Srinagar without due permission from the said court by making an application to the said effect by show of reasons. The petitioner shall not in any manner influence or intermeddle with the investigation/trial of the case as may come to be set up by the ED against him. The petitioner shall be bound to present himself in person as and when called and summoned by the ED or the Special Court /Authority in connection with the case in reference. JNF