Excelsior Correspondent
JAMMU, Nov 5: High Court has granted bail to Umesh Kumar Verma, Assistant Director Civil Aviation at Jammu Airport, who was arrested by the CBI while allegedly accepting bribe of Rs 5,000.
After hearing Advocates A K Sawhney and Aseem Sawhney for the applicant and Advocate Monika Kohli for the CBI, Justice Sanjay Dhar observed, “it is contended that investigation of the case is complete and nothing is to be recovered from the petitioner”, adding “it is also urged that as per the law laid down by the Supreme Court in Arnesh Kumar Vs. State of Bihar, normally accused should not be kept in custody in case where the maximum punishment provided is up to seven years”.
“On the other hand, the respondents have resisted the bail application by filing reply thereto. In their reply, the respondents have contended that the petitioner has committed an economic offence and that such offences are to be treated as a class apart”, the High Court observed, adding “according to the respondent, the investigation of the case is still at initial stage and the statements of the witnesses are yet to be recorded”.
“It is a settled law that bail is the rule whereas jail is the exception, particularly in the matters where there is no legal or statutory bar in grant of bail. In the instant case, the petitioner is alleged to have committed offence under Section 7 of the Prevention of the Corruption Act”, High Court said, adding “the offence is neither punishable by death sentence nor imprisonment for life. Therefore, the rigor of Section 437(1) (i) CrPC is not applicable to this case”.
“Recovery of the bribe amount has already been affected and it is not the case of the prosecution that any further recovery is to be effected from the petitioner, who is stated to be in custody since 10.09.2020”, High Court said, adding “by now investigation of the case must have been taken to its logical conclusion. Therefore, further custody of the petitioner is not going to serve any purpose”.
Accordingly, court granted bail to applicant.
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