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| Court rejects bail application of ZEO & other, takes serious note of the functioning of IO Vigilance | | | EARLY TIMES REPORT
Jammu, September-22 (JNF):- Special Judge Anticorruption Jammu Pawan Dev Kotwal has dismissed two bail applications filed by Mukhtair Ahmed Shah s/o Ghulam Mohd Shah r/o Village Dugga Tehsil Kishtwar Teacher Incharge Accounts ZEO Officer Marwah and Abdul Rashid Bhat s/o Abdul Jabar Bhat r/o Village Bonzwar Tehsil Kishtwar ZEO Marwah Dachin who are allegedly involved in fraudulent withdrawal of money through salary bills. SVO had registered a case under FIR No 13/2011 u/s 5(1) (d) (e) r/w 5(2) PC Act 2006 r/w sections 467/468/471/420/120-B RPC.
The applicants had sought indulgence of the Court for grant of regular bail on the premises that they have surrendered before the SVO. The report submitted by the IO reveals that the applicant/accused surrender before IO on September 19, 2011 but were let free with the direction to appear before the IO on next date.
Special Judge Anticorruption Jammu after hearing CPO Mr. Parshtom Sharma appearing for SVO observed that the court is unable to understand that bail applications are opposed mainly on the grounds that custodial interrogation of the applicants/accused are required to ascertain the network of corrupt officers/officials in the dept and moreover grant of bail at this stage may encourage the applicants to influence important witnesses, but despite their surrender the applicant-accused are not arrested by the IO and rather are let free for the reasons best known to him. IO Munir Ahmed Inspector present in the Court is not in a position to explain inconsistency as to the requirement of the applicants and so to not taking them in the custody for the same purpose when they surrendered before him. Accordingly bail applications in the present form are not maintainable as accused applicants are now in custody and therefore applications are dismissed.
However a very strange mode has been adopted by the IO in a case of alleged loss of lacs of rupees to the state exchequer, as, on the one hand he apprehends that accused-applicants will influence the witnesses and other conspirators would not be exposed unless there is custodial interrogation of the accused, but at the same time IO seems to have afforded applicants an opportunity to do so by not taking them in custody, though they voluntarily surrendered before the IO. However serious doubt arises as the manner of investigation and misleading report being filed in the Court.
Special Judge Anti-corruption Jammu Pawan Dev Kotwal directed SSP SVO that he shall look into the matter and submit a report along with the explanation of the IO within seven days
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