Excelsior Correspondent
JAMMU, Oct 14: Special Judge Anticorruption Srinagar Surinder Singh has granted interim bail to suspended DySP Sheikh Adil up to October 20, 2023.
After hearing both the sides, the court observed, “the fundamental postulate of criminal jurisprudence is that an accused is presumed to be innocent till guilt is proved against him. Keeping the accused in continuous detention would amount to infringement of his fundamental right to life and liberty which would amount to his incarceration and inflicting pre-trial punishment which is against the mandate of criminal jurisprudence as punishment can only be inflicted after full flagged trial and after holding the accused guilty”.
“Keeping the accused in the custody for a long period, no purpose would be served to the prosecution and it is for the prosecution to investigate, prove demand and acceptance of bribe money by the accused and affect the recovery thereof”, the court said, adding “the petitioners/accused seeking bail were indicted in grave offences like murder and rape (POCSO) Act and therefore, the facts of cases cited by the Public Prosecutor in support of his arguments do not squarely fitted to the facts of present case”.
“It is amply clear that there would be no danger of justice being thwarted if the applicant/accused is granted bail. Therefore, applicant/ accused has carved out a strong case for grant of bail in his favour. The bail application succeeds and is allowed. Accordingly, the applicant/accused is admitted to interim bail subject to his furnishing two surety bonds in the sum of Rs 50000 each with personal bond of like amount”, the court said.
However, it has been directed that applicant/ accused shall not directly or indirectly make any inducement, threat or promise to any person/s acquainted with the facts of the case so as to dissuade him/them to disclose such facts before the court or any other authority.
“He shall co-operate with the investigation and make him present before IO during investigation as and when he is called upon to do so. Moreover, he will deposit his passport/travel document with the IO until the completion of investigation of the case, so as to avoid any risk/possibility of his absconding. He shall not leave the valley of Kashmir without prior permission of IO or court as the case may be. In case the accused breaches any of these conditions, the IO shall be at liberty to move before the competent court for cancellation of bail granted in his favor”, read the conditions imposed by the court.
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