Excelsior Correspondent
JAMMU, June 24: Additional Sessions Judge Anticorruption Jammu Ritesh Dubey today granted interim bail to Jyoti Devi, Corporator Ward Number 53 (Trikuta Nagar) of Jammu Municipal Corporation.
After hearing Senior Advocate MK Bhardwaj appearing for the applicant, the court observed, “there is no doubt that the accused is alleged to have committed the offence of demand and acceptance of bribe which is highly serious and anti-social and that too by a public representative, yet I have given a little consideration to the fact that the IO has stated that the applicant Jyoti Devi was neither present on the spot nor accepted the bribe money”.
“Without being meant as observations on the merits of rival submissions, and for the purpose of present application only, it is further noteworthy that the mulba clearance certificate has not been signed by the accused. The submission that the same was not written by her, and actually written by the contractor himself, is a matter of evidence, and need not be commented at this stage”, the court said.
“However, it is clear that the same was not ready for its delivery to the complainant on alleged receipt of bribe money. The applicant has been in custody for eight days. And, thus the IO has got sufficient time to conduct the investigation by keeping her in custody”, the Judge said, adding “the accused is also not shown to be a habitual criminal. I have further kept into consideration that the offences under Sections 7 PC Act and 120-B IPC do not carry the punishment of death sentence or life imprisonment, and is punishable with imprisonment which may extend to seven years”.
“I have further kept into consideration that the applicant Jyoti is a woman, and also the submission that both the parents of their young children are in custody in this case”, the Judge said, adding “the applicant Jyoti Devi need not be kept in custody for an uncertain period pending trial as no useful purpose is likely to be served by keeping her in custody”.
With these observations, the court admitted the applicant to interim bail till next date subject to the conditions that the applicant/accused shall furnish a personal and a surety bond to the amount of Rupees thirty thousand each failing which she shall remain in judicial custody.
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