Excelsior Correspondent
JAMMU, Apr 2: High Court of Jammu & Kashmir and Ladakh has granted bail to Chief Accounts Officer of JKTDC namely Sajjad Ahmed, son of Shams-Ud-Din Bhat, who was arrested allegedly red handed by the CBI in a trap case.
After hearing the counsel for the petitioner Advocate Aseem Sawhney assisted by Advocate Tahseena Bukhari and Monika Kohli, counsel for CBI, Justice Mohan Lal said, “while considering an application for grant or refusal of bail in non-bailable offence, concept of personal liberty as enshrined in Article- 21 of the Constitution of India is of paramount importance and the general rule is that bail is rule and jail an exception”.
“The fundamental postulate of criminal jurisprudence is that an accused is presumed to be innocent till guilt is proved against him. Keeping of petitioner/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”, High Court said.
“It is amply clear that there would be no danger of the course of justice being thwarted if petitioner/accused is granted bail. Therefore, petitioner/ accused has carved out a strong case for grant of bail in his favour”, High Court while granting bail.
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