Jammu & Kashmir High Court: A Single Judge Bench of Sanjay Kumar Gupta, J., dismissed a bail petition filed by the petitioners under Section 497-A of the Code of Criminal Procedure, seeking bail in a matter involving offences under Sections 420,467, 468, 471 of the Ranbir Penal Code and Section 5(2) of J&K Prevention of Corruption Act, 2006.
The main issue that arose before the court was whether the petitioners are entitled to get bail in a matter involving alleged offences of corruption and cheating.
The Court observed that the petitioners were alleged to have made back-dated appointments in lieu of money from the beneficiaries. The petitioners had made back-dated appointments and as such, it is an action which is covered under the category of cognizable offences. The appointments made by the petitioner were allegedly illegal, also some of the appointees were students and the others were running their own businesses. Another serious allegation that was leveled against the petitioners was that they have tampered with the records of daily wage workers and have replaced their names with the names of appointees who were given appointment by the petitioners. The Court relied upon the judgment of State of A.P. v. Bimal Krishna Kundu, (1997) 8 SCC 104, wherein it was held that arming an accused with a bail order, when serious allegations of corruption are leveled against him/her, would hamper the investigation and would also impede the prospects of unearthing all ramifications involved in the conspiracy.
The Court held that the allegations leveled against the petitioners were quite serious in nature and hence granting them bail would not be the appropriate thing to do. Further, all the aspects of the matter require detailed investigation and for that purpose custodial interrogation is also required. Resultantly, the bail petition was dismissed.[Mohd. Kubir Malik v. State of J&K, 2018 SCC OnLine J&K 788, order dated 03-11-2018]