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| Court rejects pre-arrest bail of Naib-Tehsildar | | | Early Times Reporter
Jammu | June 4
Special Judge Anticorruption Jammu BL Bhat today rejected pre-arrest bail of Mohd Asgar Bhat presently posted as Naib-Tehsildar Jammu against whom Crime Branch has registered a case u/s 420, 467, 468 RPC and 5(2) PC Act 2006.
According to the case the complainant Chain Singh had approached the petitioner for effecting entry in revenue record regarding land measuring 8 Marlas under Survey No 324 min situated at Bahu Tehsil Jammu and the petitioner is alleged to have demanded and accepted Rs 20, 000/- as bribe for inclusion the name of complainant in the revenue record. The investigation revealed that the petitioner demanded and accepted bribe amount from the complainant and prepared false and forged documents reflecting the name of complainant though such entry was non-existent in the original record. It was further revealed that the fake and forged extract of Girdawri was passed on to complainant as genuine. Allegedly petitioner was made to part with the graft money on the pretext that Rs 2000/- had to be deposited as fee in the Govt treasury. The prosecution has opposed the bail application on the ground that investigation is still underway and custodial interrogation of the petitioner is required for exploring the relevant evidence. Prosecution has also opposed bail motion on the ground that the social interest weighs against grant of pre-arrest bail.
Special Judge Anticorruption Jammu Mr. BL Bhat after hearing both the sides and also perused the CD file produced by the IO. Material assembled during the investigation so far prima-facie established complicity of petitioner as the author of extract of Girdawri pertaining to Survey No 324 min of Bahu, incorporating the name of complainant, which does not bear nexus with the entries in the record. Opinion of the expert supports this conclusion. The evidence collected so far also projected petitioner as the person who made the complainant to cough-up the graft money thereby deriving undue pecuniary advantage. Association of petitioner with investigation for ascertaining the authenticity of counter signatures of the Tehsildar on forged Girdawri extract and genuineness of the official seal of Tehsildar is insisted upon by the Investigating Agency. Commission of offence u/s 420, 467, 471 RPC and 5(2) PC Act is prima-facie disclosed against the petitioner. Offence u/s 467 RPC is non-bailable and carries life sentence as maximum punishment. With these observations Court rejected the pre-arrest bail application filed by the accused. JNF |
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