STATE TIMES NEWS
JAMMU: The Court of Additional Judge Anti-corruption Jammu A.K Koul on Friday rejected the anticipatory bail to the accused involved in 139 fake and forged appointment orders on behalf of Commissioner Secretary to Government Health and Medical Education Department after receiving over Rs. 69 lakh in lieu of these fake orders.
According to the case, the petitioner Mushtaq Ahmed, son of Mir Mohammad, resident of Morian Bathia, Tehsil Thannamandi, District Rajouri, at present Dream City , Patta Paloura Jammu was booked vide FIR 39/2015 under Sections 420, 465, 467, 468, 471, 472 and 475 read with (5)(2) of Prevention of Corruption Act filed an anticipatory bail apprehending his arrest by Crime Branch stating that he has not committed the crime, besides claiming that his arrest will tarnish his image apart from causing him an irreparable harm.
During the course of arguments, the counsel for petitioner Advocate Rajesh Bhushan argued that it is a fit case where bail can be granted in anticipation of the arrest because what has been alleged against the petitioner is subjected to scrutiny by the Court and so curtailing the liberty of petitioner on the basis of crude information, may not be in the interest of justice because liberty is regarded the highest by law.
Chief Prosecuting Officer Rajesh Bakshi on behalf of Crime Branch contended that the petitioner is involved in a fake appointment scam and the investigation conducted so far revealed that he is involved neck deep in the scam because huge money has been deposited into his various bank accounts and he had not been able to justify these transactions. He added that the money has been received by Petitioner and others from the persons who became the victims of the fraud perpetrated by petitioner and so custodial interrogation of the petitioner is required to understand the extent of petitioner’s involvement. He further contended that if the concession of bail is given to petitioner at this stage it may hamper the course of investigation and there is every apprehension that he may tamper with the evidence to thwart the investigation. He added that the petitioner lured the innocent people portraying himself to be a retired Army Brigadier.
The Additional Judge considering the submissions by both the sides held that there are many facets of this case which need to be investigated upon. He said that we need to understand that custodial interrogation of an accused is an important part of the investigation of a crime in which he defrauded a section of the society and received a huge amount of money from very poor people in lieu of fake appointment orders. He held that petitioner’s conduct is highly questionable and further investigation is expected to reveal much more.
The Additional Judge thus found no reason to extend the concession of bail to petitioner and dismissed the bail petition.
