Excelsior Correspondent
JAMMU, July 29: Special Judge Anticorruption Jammu, Sanjay Dhar today rejected the bail application of Bashir Ahmed Dar, ex-Secretary of Board of School Education (BOSE), who was arrested by the Crime Branch Jammu for his alleged involvement in the much publicized ETT scam.
After hearing Advocates K B Kaw and Gh Hassan Dar appearing for the petitioner whereas CPO Rajesh Bakshi appearing for the Crime Branch, Special Judge Anticorruption observed, “a perusal of the case diary reveals that investigation of the case is at its inception. Although FIR in this case has been registered in the year 2013, it appears that investigating agency had done little until High Court, vide its various orders, nudged the investigation agency to take action”.
“Moreover, involvement of other officers/officials of State Board of School Education has also surfaced and investigation in this regard is still in progress. The concession of bail if extended to accused at this stage is certainly going to hamper the progress of investigation in this regard”, the court said, adding “the prayer for grant of bail to accused, therefore, appears to be premature. Even otherwise, if accused/petitioner is admitted to bail at this stage, the same will not be in the larger interest of the public”.
“As already noted, owners of a large number of institutes and officers of BOSE appear to be involved neck deep in the case. The magnitude of fraud appears to be colossal in nature. The grant of bail to accused at this stage is certainly going to be against the interests of the public at large”, the court further said, adding “so far as health condition of accused is concerned, petitioner has placed on record copies of medical reports of accused and from the perusal of same, it appears that accused has undergone heart surgery in the year 2013. Medical reports further reveal that accused is diabetic”.
“The question arises whether on this ground alone the accused is entitled to grant of bail. Section 497 of CrPC does provide for concession in the matter of grant of bail for a sick or infirm person. However, the court, while extending this concession to an accused, has to take into account the seriousness of the ailment of the accused as also the attending circumstances”, Special Judge Anticorruption observed, adding “in the present case although there is material on record to suggest that accused has history of heart ailment and diabetes, yet there is nothing on record to show that accused, at present, is suffering from any such ailment that would pose any imminent danger to his life”.
“In fact the recent medical reports of accused, which are on record of case diary, show that he is in fit state of health. Merely because the accused is a heart patient and wants to be in congenial atmosphere of his home, is no ground to enlarge him on bail”, the court said while rejecting the bail application.
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