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| HC dismisses bail of Patwari caught red-handed by CBI | | | Early Times Report
JAMMU, July 4: Justice Atul Sreedharan dismissed the bail application filed by Mohd Ishaq Bhat who was caught red-handed by the CBI while accepting bribe Rs 18000.
Justice Atul Sreedharan after hearing both the sides observed that an offence under the provisions of the Prevention of Corruption Act can also be dealt with the same yardsticks that may be applied for offences against human body or other categories of offences. It must be borne in mind that offence against human body may be a crime of passion which may at times result in one man taking the life of another in a fit of anger arising at the moment without premeditation and without any preparation. However, offences of cheating, corruption and other white color offences are impossible to be committed without serious premeditation. For the offence for which the applicant has been accused of, a great deal of planning, arrangements and other associations with co-accused persons are required before the transfer of money can take place effectively from the victim to the accused. Such persons have their own contacts, touts and agents, who intercede with the victim on behalf of the corrupt official and coax him to part with money for a solution based upon the discretionary power of that public servant.
Though, this Court is not prejudiced by the various instances of corruption that may be taking place in this Country viz. bridges collapsing one after the other during the rains, roads collapsing and huge sinkholes forming after just one shower, but it cannot close its eyes to the fact that in a case of bribe taking, if the accused is released prematurely on bail, more so where he has been caught red handed by the police, the probability of the accused influencing the complainant and the witnesses by offering them monetary benefit, is extremely high and not certainly improbable in the facts and circumstances of this case, Justice Atul Sreedharan said.
Court further observed that though the investigation has been completed and the charge-sheet is filed, if the accused is released prematurely, there is a real danger of him attempting to win over the complainant, shadow witnesses and others, who are witnesses to the seizure memorandums, to turn hostile before the trial Court. This apprehension finds force upon the submission made by the CBI counsel that upon search of the residential premises of the applicant, a sum of Rs.3,71,000/- was also recovered in cash and that investigation is also underway to trace the proceeds of the crime in view of the huge recovery of cash. Thus, it becomes clear that the applicant is flush with funds and that the apprehension that he may try to influence the witnesses by throwing money at them cannot be said to be unfounded. Therefore, this Court is of the opinion that the application deserves to be dismissed. However, if the material witnesses are not examined within a period six months from the date of this order, the applicant shall be at liberty to renew his prayer before this Court. This order, however, shall not prevent the trial Court from considering a fresh application for bail, if in its opinion, there is change in circumstances.
With these observations, the Court dismissed the bail application. —JNF |
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