Excelsior Correspondent
JAMMU, July 10: Special Judge Anti-Corruption Jammu Tahir Khurshid Raina has dismissed the anticipatory bail application of Dr Shashi Sudhan, Principal of Government Medical College Jammu in a case registered by Crime Branch against her for forgery of Date of Birth.
On filing of the instant anticipatory bail application on 06-07- 2023, under Section 497, CrPC by the applicant, an interim bail was granted to her on the basis of the averments made in the application with a direction to the prosecution to file report in the case as well as objections to the application by or before 08-07-2023.
Same got filed on the said date and the case was also heard on the same date finally and was reserved for order, which was issued today by Special Judge Anti-Corruption Jammu.
“The law on the concept of anticipatory bail is quite well settled. It is enjoined upon the criminal courts that while deciding anticipatory bail, a fine balance is required to be struck between the individual’s right to personal freedom and free movement to that of the right of investigation of the police”, Special Judge Anti-Corruption said.
“As per the facts revealed in the report and the CD file, there is no two opinion with regard to existence of two different date of births, conveniently used by the accused on two different occasions i.e one for getting admission in MBBS and second when got appointed as Assistant Surgeon”, the court said, adding “so the offence of fraud, forgery and misconduct under Prevention of Corruption Act are prima facie made out”.
During preliminary verification, a questionnaire was sent to her by the Crime Branch, Jammu on 09-05-2021, to know from her as what were the documents she submitted with the application form for admission in the MBBS, also copies of the documents were sought from her and she stated that she did not remember and the documents must have been attached with the form. However, it was astonishing to note that when the investigating agency raided at her residence, it found the original admission file of her carrying no age proof attached with it, the court observed.
“How come she was having the custody of the original admission file of her which dates back to 1981, supposed to be in the concerned admission section of the college. Why only the age proof is missing from it when it is the foundational document on the basis of which she claimed her eligibility and later got admission in the MBBS course. So obviously, she by misusing her position as Principal, managed to get the old file and then either has destroyed the document or is in her custody”, the court further said.
“By refusing to respond fairly to Crime Branch and keeping the admission file in her custody speaks of her influence, potential and tendency to tamper with the evidence, who instead of cooperating with the investigating agency as a bonafide public servant even fled away and was not available at her office or home when the investigating agency raided at both the places”, the court said.
Accordingly, court refused to extend the interim bail granted vide order dated 06-07-2023 and dismissed the instant anticipatory bail application.
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