Excelsior Correspondent
JAMMU, Mar 2: Special Judge Anticorruption Kashmir Surinder Singh has rejected the pre-arrest bail application of Jamsheed Rasool Chowdhary, the then ARTO Budgam, who was booked by the ACB in Disproportionate Assets (DA) case.
“The allegations against the petitioner are incriminating in nature and demonstrate petitioner’s involvement in acquiring huge properties against his known source of income which was unbecoming on his part being a public servant thereby raising disproportionate assets illegally and by adopting corrupt practices”, the Special Judge said, adding “the petitioner was given notice of appearance before the IO as mandated under the provisions of CrPC to furnish explanation as to the details of properties owned and possessed by him and by his family members but the petitioner instead of responding to the notice approached this court seeking protection against his apprehended arrest”.
“The anticipatory bail, being an extra ordinary privilege is granted only in exceptional cases, when the court is convinced on the basis of material on record, that a public servant has falsely been implicated and the allegations of illegal gratification/corruption are leveled with an oblique motive or tainted with malafidies”, the Judge said, adding “a cursory look to the material collected by investigating agency does not lead to an inference that petitioner has been falsely implicated with the oblique motives instead there is a direct evidence which proves petitioner’s culpability in the case”.
“It cannot be said that the petitioner is an innocent person and is being implicated in the case without their being any material to prove his complicity. In the given scenario the plea of the petitioner that he will be harassed and humiliated under the garb of investigation carried on by the investigating agency in absence of any incriminating material available on the file cannot be entertained”, the court said while denying concession of bail in anticipation of his arrest.
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