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| Bail plea of tainted cops again grounded | | Amandeep murder case | | Early Times Report
Jammu, Nov 23- Special Judge Anticorruption Jammu JR Kotwal today rejected three bail applications filed by then SSP Jammu S. Manohar Singh, Sultan Mehmood Mirza then SHO Gandhi Nagar Police Station and Satnam Singh then SI Gandhi Nagar Police Station who are presently lodged in Kot-Bhalwal Jail.
The Special Judge disposed off these bail applications by a common order as the question of law and facts are involved in all these three bail applications were common and referred the objections filed on behalf of State and report of Investigating Officer Swatantar Arora Dy SP City. However, Case Dairy was not produced.
While disposing off these bails applications the Special Judge observed that no issue, offence punishable u/s 5(2) Prevention of Corruption Act does not fall in the category of offences in which bail is prohibited or conditions other than those contemplated u/s 497 of the Code will apply. Connected offence u/s 161 RPC and 165- A are bailable whereas prevention of corruption act is non-bailable and bail cannot be claimed as a matter of right though the general principle of granting then refusing bail applies. As the FIR NO 275/2009 is just an offshoot of FIR NO 247/2009, the offence comprised in FIR 275 are not spare-bale from the offences in FIR 247/2009 and cannot be looked into for the purpose of bail in isolation of the latter. They are the constituents of the same occurrence. The allegation of the obtainment of illegal gratification by the petitioners cannot be secluded from the purpose for which it was done. The object of the conspiracy of which the petitioners (police officers) allegedly were the members and misuse of their official positions by them was to achieve the loathsome purpose of fudging the weapon of offence and the bullet to defeat the ends of justice in the murder allegation against accused Jatinder Singh alias Raja. It is this object that discriminates the allegations against the petitioners’ police officers from a common act of criminal misconduct by a Government servant and the prayer for bail is to be considered in that broader spectrum. The object of the conspiracy and manner in which these three police officers allegedly committed the criminal act, however, are the subject matter of FIR 247 and its seriousness can be considered only by the Court dealing with the matter arising in FIR NO 247/2009. Entitlement to bail in FIR 275/2009, Court is of the considered view that it does not accrue to the petitioners independent of such entitlement in FIR NO 247/2009 and should rather follow the later. There would be however, substantial change in the situation in case petitioners are admitted to bail in FIR 247/2009 if and whenever that happens, in that eventuality their would be no ground for refusal of bail in FIR 275/2009. With these observations Court ordered that no entitlement of bail for offences u/s 161, 165-A RPC r/w section 5(2) (E) J&K Prevention of Corruption Act 2006 BK accrues to the petitioners impendent of such entitlement in FIR 247/2009. In this view the prayer for bail at this stage is rejected. But if and whenever the petitioners/ police officers are admitted to bail in FIR 247, they shall stand admitted to bail in FIR 275/2009 on the similar terms and conditions and shall be released from custody on their furnishing separate bail bonds to the satisfaction of this Court and disposed off all the three bail applications filed by then SSP Jammu S. Manohar Singh, Sultan Mehmood Mirza then SHO Gandhi Nagar Police Station and Satnam Singh then SI Gandhi Nagar Police Station, who are presently lodged in the Jail. JNF
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