HC grants bail to CE in corruption case
11/07/2025
Jammu, Jul 10: Justice Rajesh Sekhri of Jammu & Kashmir and Ladakh High Court grants bail to Sumit Khajuria Konkan Railway Chief Engineer who was arrested by the CBI in month of Feb, 2025.
Justice Rajesh Sekhri after hearing both the sides observed that there cannot be two opinions to the crystallized position of law that it is a fundamental postulate of criminal jurisprudence that an accused is presumed to be innocent till the guilt is proved. The discretionary jurisdiction of a court of grant or refusal of bail is regulated by settled principles of law and facts and circumstances of each case. The facts and circumstances to be taken into consideration are the seriousness of the offence, potential impact on the investigation, the risk of the accused absconding, the nature of accusations, the severity of punishment which conviction will entail and, of course, Courts are obliged to balance the rights of the accused with a need to maintain public confidence in the justice system.
Justice Rajesh Sekhri further obser-ved that the investigation against the applicant has already culminated in final report in the competent court.
The Offences, he is charged with are punishable with maximum imprisonment upto seven years. Co-accused Rajesh Kumar Jain has already been admitted to bail by the trial Court. Most of the witnesses, cited by the prosecution, are official witnesses and the apprehension of the respondent with respect to the tampering of the evidence by influencing the prosecution witnesses can be taken care of by imposing stringent conditions. In the circumstances, further incarceration of the applicant shall not serve any purpose. With these observations Court allowed the application and applicant is admitted to bail on his furnishing a surety bond in the amount of Rs. 50,000/- to the satisfaction of trial court and a bond of personal recognizance of the like amount to the satisfaction of the Superintendent of concerned Jail, subject, however, to the following conditions that: he shall not leave territorial jurisdiction of the trial court without prior permission; he shall not jump over bail and tamper with the prosecution evidence or make an attempt to influence or intimidate the prosecution witnesses; and he shall remain present during the trial on every date of hearing.
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