Special Judge Bala Jyoti rejects bail plea of Patwari, 2 others

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Special Judge Bala Jyoti rejects bail plea of Patwari, 2 others

Corruption Case

8/21/2024 10:55:13 PM

Early Times Report

Jammu, Aug 21: Special Judge Anti Corruption and CBI cases Bala Jyoti on Wednesday dismissed the bail plea of three accused, including a Patwari, who were caught red handed by CBI while accepting bribe earlier this month.
The accused Parvez Akther son of John Mohammad r/o Jhajjar Kotli, Mohammad Arif son of Ghulam Qadir r/o of village Jib had filed a bail application through their counsel Ayaz Lone.
Public Prosecutor for CBI Sushil Negi opposed both applications response and presented the case diaries in the court. “On the basis of complaint accused Mohammad Arif who is a property dealer was demanding bribe of Rs. 40,000/- from the complainant to get the Fard (revenue extract) of property to be issued from the Patwari relating to the property being purchased by the complainant’s father from accused Mohammad Arif. Moreover the verification of complaint confirmed its genuineness,” the PP said.
Accordingly, an FIR bearing No. RC0042024A0004 was registered on 06.08.2024 under section 7A of PC Act 1988 against Mohammad Arif S/O Ghulam Quadir a trap was laid on 06.08.2024 in the presence of independent witnesses, during which accused Mohammad Arif was caught red-handed while demanding and accepting bribe of Rs. 40,000/- from the complainant.
During further proceedings, co-accused Parwez Akhter @ Raju S/O Sh. John Mohammad was apprehended while accepting bribe of Rs. 20,000/- from the accused Mohammad Arif in presence of independent witnesses. During further proceedings, the accused Mohammad Yousaf Shah, Patwari, Halqa Soal was also apprehended while accepting bribe of Rs. 20,000/- (his share) from the co-accused Parwez Akhter @ Raju, middleman.
The Special Judge while rejecting the bail application referred to the argument of the Public Prosecutor that the investigation is at its infancy, even statements of many material witnesses are yet to be recorded and if the accused at this initial stage are released on bail there is every possibility that it will hamper the investigation and prosecution shall be seriously prejudiced if any attempt is made to tamper the prosecution. “It is apt to note that after consideration of entire material on record, it transpires that investigation in the present case is still at its infancy and moreover statements of more material witnesses are yet to be recorded besides there is every apprehension that the accused persons may give slip to law & flee f

"It is apt to note that an offence under the provisions of the "Prevention of Corruption Act" cannot be dealt with the same yardsticks that may be applied for offences against human body or other category of offences. But 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 and other associations with co-accused persons are required before the transfer of money can take place."

om course of justice, if they let off on bail at this stage. In the instant case, investigation is still underway and accused/applicants herein are involved in a very serious heinous offence like corruption and money is recovered during a trap laid down by non applicant (CBI) as such concession of bail as prayed for by the applicants is declined hence arguments put forth herein by the counsel for applicants are repelled herein as I am in total the non-applicant/respondent that agreement investigation which commenced with registration of FIR is still at its infancy and there could be many more material evidence yet to be collected by 1.0 and the applications in hand are pre-mature one. Be as it may be, it is apt to note that an offence under the provisions of the “Prevention of Corruption Act” cannot be dealt with the same yardsticks that may be applied for offences against human body or other category of offences. But 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 and other associations with co-accused persons are required before the transfer of money can take place. Though this Court is not prejudiced by the various instances of corruption that may be taking place in this country but it cannot close its eyes to the fact that in case of a bribe taking, if the accused is released prematurely on bail, moreso where he has been caught red- handed, 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. Thus for the foregoing reasons, I am not inclined at all to grant privilege of bail to the applicants/accused herein at this stage, accordingly both the applications are dismissed, being premature, however the applicants shall be at liberty to move fresh bail applications, once the investigation in the matter in hand is complete or there are changed circumstances or there is undue delay in completion of the investigation on part of prosecution,” the Special Judge said in the order.
The Court also rejected the bail plea of Mohammad Yousaf son of Mohammad Sharief R/o Bathindi Jammu who was also caught with the above accused. Yousaf had moved a separate bail application through his counsel Advocate G S Thakur.

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