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HC grants pre-arrest bail to XEn

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STATE TIMES NEWS
JAMMU: Justice Janak Raj Kotwal of J&K High Court Jammu Wing on Wednesday granted pre-arrest bail to the then Executive Engineer (XEn) of PWD (R&B) Division Ramban Ghulam Nabi Sheikh who was booked by Vigilance Organisation Jammu (VOJ) under Section 5(1) (d) read with Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act, 2006 and Section 120-B RPC.
The court direction came in bail application filed by aforesaid accused booked by the VOJ in FIR No 19/2017.
After hearing Advocate Rahul Pant appearing for the petitioner and Deputy Advocate General (DyAG) Raman Sharma for the State, Justice Kotwal observed that alleged offences as per objections filed on behalf of the respondent have been committed by the petitioner among others during the period 2002-2004. The anticipatory bail sought by the petitioner has been objected on the ground that petitioner is highly influential person and there is every apprehension that the petitioner would win over the witnesses and destroy the important record/evidences. It is, however, not denied that petitioner has since retired from the Government service.
Justice Kotwal observed that no sufficient ground for refusal of anticipatory bail at this stage has been found. Application is allowed and the interim anticipatory bail granted by this Court on May 20, 2017 is now confirmed with the same terms and conditions, however, subject to furnishing fresh bail bonds by the petitioner.
According to the VOJ case, after verification conducted into the allegations of glaring irregularities and gross violation of norms in the execution of Banihal-Duligam road and link road Chaknarwah constructed during the year 2000 to 2010 against aforesaid accused and others, it was revealed that developmental works on Bahihal-Duligam road were carried out during the period 2000-2010 and an amount of Rs.1,95,06,860 was spent on this project by the then Executive Engineers PWD (R&B) Division Ramban, namely G.N Shiekh, Opinder Kar, A.K. Darbari and Parvaiz Shah. Moreover, departmental works on Link road Chaknarwah were also carried out during the period 2000-2010 and an amount of Rs.1,45,11,387 was spent on the project by the then Executive Engineers PWD (R&B) Division Ramban, namely G. N. Shiekh, N.K Dhar, S.P Manhas, Opender Kar and Mohd Parvaiz Kamlaak. It was also established that both these works were executed arbitrarily and departmentally by the above named Executive Engineers without going for tendering and fair competition under the pretext of urgency. The suspect Executive Engineers of PWD (R&B) Division Ramban, by abusing their official positions and in criminal conspiracy with the beneficiary contractors, have exceeded their financial powers and have ordered the execution of works departmentally beyond their competence under the false pretence of urgency at the cost of state exchequer.
They have thereby extending undue monetary benefits to the beneficiaries/contractors and caused wrongful loss to the State exchequer.

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