Excelsior Correspondent
JAMMU, Dec 29: The High Court has granted bail to Hilal Rather, son of ex-Finance Minister Abdul Rahim Rather, who was facing trial in the much publicized Rs 177 crore J&K Bank loan case.
After hearing both the sides, Justice Javed Iqbal Wani observed, “deprivation of liberty tantamount to punishment. The consequences of pre trial detention are grave and prison hell destroys the manifestation of feelings and sensibility of a person”.
“The petitioner has been languishing in jail for the last more than 10 months by now and he cannot be hampered from preparing for his defence which is of an essence in a criminal trial”, the High Court said, adding “the discretion for grant of bail has to be exercised on the well established propositions and principles laid down from time to time by the Apex Court”.
With these observations, Justice Javed Iqbal Wani granted bail with the conditions that petitioner will furnish personal bond to the tune of Rs 5 lakh with 2 sureties of the like amount to the satisfaction of the Trial Court. “He will co-operate with the investigating agency in the investigation of the case as and when required by the investigating agency, without any fail. Moreover, he will face the trial before the Trial Court without any fail and to present himself before the Trial Court as and when asked to do so”, the High Court said.
The High Court further directed applicant to surrender and deposit passport before the Trial Court (if not already surrendered) and deposit the same within three days from the date of passing of this order and he shall not leave the territorial jurisdiction of this court without the permission of the Trial Court and also not to influence or intimidate directly or indirectly the prosecution witnesses.
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