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Court grants conditional bail to AD, TSO & Store-keeper of CAPD
9/25/2011 10:22:06 PM
EARLY TIMES REPORT
Jammu, September-25:- Special Judge Anti-corruption Jammu Pawan Dev Kotwal has granted bail to Vijay Kumar Singh the then Assistant Director, Rashpal Ram the then TSO and Ramesh Chander the then Store-keeper of CAPD who were arrested by the Crime Branch in FIR NO 22/2009 regarding misappropriation of food grains worth Rs 31 lacs with the direction that the accused will furnish bail and personal bond to the tune of Rs 40,000.
SPO appeared for the state opposed the bail application on the ground that the applicants had misappropriated Govt ration and cause huge loss to the public exchequer and their custodial interrogation is required for recovery of amount Rs 31 lacs.
On the other hand counsel appearing for the applicants argued that applicants are in custody for the last 12 days and nothing is required to be recovered from them and rather their custody is not required by the investigating agency for any purpose and they are entitled to bail.
Court after hearing both the sides observed that the applicants are already in custody of investigating agency for the last 12 days, thereby affording them ample opportunity to make recoveries if any at their instance or collect any other material on the basis of their custodial interrogation and disclosure if any made by them. In the given circumstances, court is of the view that as far as rights of both the parties are concerned it is in favour of accused/applicants and Court is of the considered opinion that the applicants have made out ground for grant of bail whereas prosecution failed to show any purpose for their further custody, with these observations Court allowed all the three bail applications filed by the applicants and ordered that accused admitted to bail if they furnish bail and personal bond to the tune of Rs 40, 000 with the conditions that they shall not try to contact any prosecution witnesses or temper with any other evidence. That they shall appear before the IO as and when required for completion of investigation and their presence if so required shall be deemed to be custody for the purpose of section 27 of Evidence Act and they shall not involve in any criminal activities.
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