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| HC rejects pre-arrest bail plea of ex GM DIC Pulwama | | | EARLY TIMES REPORT
JAMMU, Aug 27 (JNF): Justice Ali Mohammad Magrey rejected the pre-arrest bail application of Laiq Parvez Ex-General Manager DIC Pulwama.
As the verification revealed that Laiq Parvaiz during his posting as GM DIC Pulwama, made allotments of land in favor of various unit holders in gross violation of industrial policy 2016 as well as procedural guidelines of 2017. As per industrial policy of 2016, the allotment of land to unit holders and execution of lease deeds was the domain of SICOP/SIDCO. General Manager not only issued allotment orders qua the land in violation of rules but also executed lease deeds thereof with the unit holders which in view of rules, was within the competence SICOP/SIDCO. By acting in this manner the said General Manager DIC Pulwama abused his official position for ulterior motives, in league with the unit holders and thus conferred undue benefits upon the unit holders.
Justice Magrey has ruled that a bail plea on the grounds rejected earlier by a Court cannot be entertained unless there was a substantial change in the fact situation or law.’
Pointing out that in the case before it there was no change of circumstance, the Court said it was a case whereupon consideration of the material on record and submissions by parties, the Court of competent jurisdiction had consciously rejected the prayer for anticipatory bail of the applicant on merits.
Court held that the analogy for entertaining a subsequent or second application for bail or anticipatory bail when it was earlier rejected, the consideration would be the same. “The change of the fact situation may differ from case to case,” it said.
Court after hearing both the sides is of the view that the Courts should be too slow to allow the second application of a party for anticipatory bail where the earlier one has been rejected and there is no substantial change of circumstance or event” Justice Magrey said. While dismissing the application, the Court however made it clear that its order should not come in the way of the accused to approach the Court of competent jurisdiction for seeking regular bail. JNF
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