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| Alleged transaction in Amandeep Murder case | | Court grants bail to two accused | | EARLY TIMES REPORT
JAMMU, Oct 26 (JNF):- Special Judge Anticorruption Jammu AK Koul today granted bail to Choudhary Nagar Singh and Choudhary Rakesh Kumar u/s 5(2) PC Act r/w section 165-A of RPC in case FIR No 275/2009 registered at P/S Gandhi Nagar Jammu subject to their furnishing personal recognizance of Rs 50,000 each and two surety bonds each in the like amount.
In the bail application filed by the petitioners in which Advocate Sindu Sharma appeared for the petitioners submitted that petitioners are allegedly involved in offence under the corruption Act and further said that in an identical matter in respect of some other accused an order was passed by this Court on November 23, 2009 which
has relevance in this petition as well because the petitioners are in fact under-arrest in this case also since the time of their arrest in FIR No 247/2009 and since the charge-sheet has not been produced against the petitioner in FIR NO 275/2009 with in period of sixty
days, the petitioners have become entitled for bail as a matter of right.
The court while allowing the bail application of Choudhary brothers observed that state has casually resisted the application on the ground that the petitioners are yet to be arrested in case FIR 275/2009 and so no question of granting bail to them. The matter was adjourned time and again for appearance of Public Prosecutor/ Special
Prosecutor to assisted the Court but none appears to be interested in the matter on behalf of the state, leaving the Court with no option but to proceed in the matter in their absence. Since the complete details were neither furnished by the petitioners nor the state, so
Court on its own sought the details from Incharge SIT investigating the case under FIR NO 275/2009, some very questions arise in this bail matter. The first questions is whether petitioners have already been arrested in case FIR No 275/2009 and if so when. Equally important question to be answered whether the petitioners can be given the
concession of default bail as envisaged u/s 167 clause 2 of CRPC to find the answers to these questions needs to understand the facts on August 29, 2009, one Amandeep Singh was shot by Jatinder Singh alias Raja and Royal Singh, Amandeep Singh succumbed to injuries on August 30, 2009 and case under FIR No 247/2009 was registered and
investigation followed. During investigation of the case it was found that weapon of offence was swapped and an attempt was also been made to swap the bullet in the FSL by the Ballistic Expert in connivance with someone else. The SIT was of the view that there was conspiracy between the petitioners with others to save the culprits and have
exchange of money had taken place in this record. The course of investigation was so widened to ascertain how much of money was involved in swapping of the weapon and who was involved in it. This led to registration of case FIR 275/2009 u/s 5(2) PC Act r/w section 161, 165-A RPC. The petitioners along with others were arrested in case FIR No 247/2009 after they surrender on November 21, 2009. The police version is that the petitioners have been arrested in FIR NO 247/2009 and are yet to be arrested in case FIR NO 275/2009 in which bail is being sought.
The court referred the judgments of the Supreme Court and observed that the petitioners who were arrested in case FIR No 247/2009 on November 21, 2009 shall be deemed to have been arrested in case FIR NO 275/2009. In the 8 pages bail order, the court observed that the only opinion that can be fairly exercised in so far as the prayer of
the petitioners are concerned is that the petitioners are held entitled to bail in case FIR NO 275/2009 under Prevention of Corruption Act r/w section 161/165-A RPC but their release from the custody shall be subject to their release in case FIR NO 247/2009. In
the event of their release on bail in case FIR No 247/2009, the petitioners shall be set-free in FIR NO 275/2009 also subject to their furnishing personal bond of Rs 50,000 each and two surety bonds each in the like amount. JNF
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