Jammu, December 29: In Bail App No.77/2020 CrLM No. 1156/2020 CrLM No. 1256/2020 CrLM No. 431/2020 CrLM No. 432/2020 CrLM No. 433/2020 titles Hilal Rather through his wife VS Union of India through CBI Jammu after hearing Hon’ble Mr. Justice Javed Iqbal Wani, Judge ordered as:-
1. The instant petition has been filed by the petitioner namely Hilal Rather through his wife Shazia Murtaza for grant of bail in case FIR No. RC0042020A0002 dated 04.03.2020 under Sections 5(1) (d) read with Section 5 (2) of the J&K Prevention of Corruption Act Svt. 2006 and under Sections120-B, 409,420 and 471 of RPC and under challan bearing No. Nil titled as CBI Vs. Hilal Ahmed Rather & Ors pending before the court of Special Judge Anti-Corruption CBI cases, Jammu. .............
13. Respondents contend that the petitioner committed the economic offences while hatching a conspiracy in league and connivance with the officials of the bank namely Iqbal Singh the then branch head of the J&K Bank, New University Campus, branch Jammu, and Arun Kapoor the then branch head of the J&K Bank, New University Campus branch Jammu, which bank officers committed acts of omission and commission in gross violation of credit policy and relevant guidelines of the bank.
14. In nutshell the case setup by the respondent/prosecution is that the petitioner being a mastermind hatched a criminal conspiracy along with the bank officers namely Iqbal Singh and Arun Kapoor in order to cheat the bank while obtaining term loan from the bank diverted and utilized the same illegally in violation of terms and conditions for which further investigation in the matter is under way.
However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail list is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society. 2. There is no doubt that the grant or denial of bail is entirely the discretion of the Judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country, Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case. .................................
23. Considering the instant petition on the above scales, the pith and substance of the objections of the respondents filed in opposition to the bail application is that the release of the petitioner from custody will hamper the investigation of the case and that the petitioner will tamper with the prosecution evidence in case he is admitted to bail and that the offences committed by him (the petitioner) is an economic one and is, as such, grave in nature.
The discretion for grant of bail has to be exercised on the well established propositions and principles laid down from time to time by the Apex court. Sentiments, strain, temper and passion do not have any role to play in exercising the discretion for grant of bail bestowed unto the courts.............................
37. In view of preceding analysis the petitioner is held entitled to bail and consequently is admitted to bail subject to following conditions: -
(i) Furnishing of personal bond to the tune of Rs. 5 Lac with 2 sureties of the like amount to the satisfaction of the Trial court.
(ii) To co-operate with the investigating agency in the investigation of the case as and when required by the investigating agency, without any fail.
(iii) To face the trial before the Trial court without any fail and to present himself before the Trial court as and when asked to do so.
(iv) To surrender and deposit passport before the Trial court, (if not already surrendered) and deposit the same within three days from the date of passing of this order.
(v) Not to leave the territorial jurisdiction of this court without the permission of the Trial court.
(vi) Not to influence or intimidate directly or indirectly the prosecution witnesses or temper with the prosecution evidence by any manner, mode or method.
38. Bail application is disposed of
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