Court rejects pre-arrest bail of Head Constable in corruption case
23/05/2018
JAMMU, May 22: Special Judge Anticorruption Jammu Sonia Gupta today rejected the pre-arrest bail application of Sohan Sharma presently posted as Head Constable Gharota Police Station in corruption case.
According to the VOJ Case that complainant namely Mohd. Farooq S/o Ghulam Mohd. lodged a written report at vigilance organization Jammu alleging therein that on 10-5-2018, he had purchased a buffalo along with its two day's old calf and was taking the animals to his house. On the way he was nabbed by police station, Gharota. The court directed SHO, police station to hand over the cattle in favour of the petitioner herein. SHO demanded Rs. 10,000/- for releasing the title. It led to filing a complaint before VOJ which laid a successful trap wherein SPO Amit Sharma was arrested while accepting the bribe at the behest of petitioner herein. The petitioner fled away from the spot along with the record files. The petitioner has unauthorisedly absented himself from duty and has taken all the case files of under investigation cases including the relevant case file of FIR 45/2080.
CPO Rajesh Bakshi along with Inspector Naresh Sharma appearing for the court submitted that the investigation of the case is at initial stage and the custody of the absconding petitioner is very much required for the purpose of investigation.
Special Judge Anticorruption Jammu Sonia Gupta after hearing both the sides observed that anticipatory bail is an extra ordinary privilege and can be granted only in exceptional circumstances where court has prima facie view that applicant has been falsely implicated in crime. The grant of bail depends upon nature of offence and manner in which it is committed and its impact on society at large. It further depends on the reasonable possibility of applicants' presence being secured during investigation and trial. The probable misuse like intimidation to the complainant or the witnesses, tempering with the record etc. cannot be ignored and a wise exercise of judicial power inevitably takes care of evil consequences which are likely to flow out of its intemperate use. Every kind of judicial discretion, whatever, may be nature of matter, in regard to which it is required to be exercised, has to be used with due care and caution. With these observations Court rejected the bail application. JNF
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