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RTO official get bail
1/31/2009 9:38:05 PM
Early Times Report

Jammu, Jan 31- In a much publicized RTO office raid conducted by the Crime Branch Jammu, the Special Judge Anticorruption Jammu BL Bhat today granted bail to all the eight accused and ordered release of the petitioners from the judicial custody after furnishing surety and personal bonds to the tune of Rs.25, 000 each with certain conditions.
After rejection of the bail application on January 17, the alleged accused persons moved bail application before the High Court and the High Court vide order dated January 28, 2009 transferred the bail pleas of the petitioners to the Court of Special Judge Anticorruption for fresh consideration in the light of changed circumstances that the petitioners have been shifted to Judicial custody and are no longer required by the investigating agency.
Clubbing all the bail applications for disposal and after hearing both the sides and perusing the CD file, Special Judge Anticorruption observed that it appears the investigation is in progress and specific roles played by various characters in the alleged scam are yet to be ascertained. The investigation conducted so far revealed that the petitioners other than Deepak Sharma had been procuring registration, renewal and transfer of various documents relating to vehicles from the officials of RTO against consideration. Allegedly the officials of RTO had been misappropriating the official funds. In 800 out of 942 cases relating to grant of driving license, medical certificates were found to have been issued by a particular doctor, likewise in all cases certificates were found to have been issued by a particular driving institute. However, the material assembled during investigation is still under scrutiny and the officials of the RTO responsible for issuance of registration, renewal and transfer of documents relating to vehicles are yet to be identified. Petitioners have been subjected to custodial interrogation and they are presently lodged in the judicial lock-up, no incriminating material has so far been unearthed to establish nexus of petitioners with any document found to be fake. Likewise no more instances of misappropriation have yet been disclosed by the material against Deepak Sharma. This is despite the fact that the accused remained in police custody for two weeks and were subjected to custodial interrogation; admittedly no confession has been forthcoming from the petitioners. It is not disputed that the petitioners other than Deepak Sharma alleged to be agents, not principal characters in the alleged scam. Their role in the wake of allegations is that of a collaborator in Crime of Criminal misconduct committed by a public servant. They were not the public servants alleged to have issued fake driving licenses, registrations certificates and other documents of the vehicles.
Court while allowing the bail applications further observed that there is change of circumstances warranting grant of bail to petitioners, further custodial interrogation of the petitioners is no more imperative. The petitioners other than Deepak Sharma being private individuals and stated to be employees/agents of various transports companies/ fleet owners have no access to the official records. Thus there is no apprehension of tempering of record at their hands so far as the requirements of associating the petitioners with further investigation is concerned, the same can be insured by imposing reasonable conditions. With these observations, the Court ordered that petitioners be released from judicial custody on furnishing surety and personal bonds in the tune of Rs. 25000 each with the conditions. JNF
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