STATE TIMES NEWS
JAMMU: Special Judge Anti-Corruption, Jammu Sanjeev Gupta on Tuesday granted interim bail to Principal, Government Degree College (GDC) Reasi Prof. Hemla Aggarwal.
After hearing Advocate Monika Kohli appearing for the applicant, the Court observed that as per Sub Section-1 of Section-497 Cr.PC, a person can’t be released when reasonable ground exists for believing that the person has committed the offence punishable with death or imprisonment for life whereas in rest of the non-bailable offences, the restriction is not applicable.
The Court further observed that the FIR was registered in 2014 against the petitioner and one, Jagdish Kumar, with regard to the purchase of softwares by her in 2008, when she was posted as Principal, SPMR College of Commerce in Jammu. The offence was to the effect that softwares /CDs have been purchased in original for an amount of Rs. 2,65,200 and entered in stock register of the college whereas pirated CDs have been loaded in I-Mac system, thereby, causing loss to the tune of Rs. 2,65,200 to State exchequer and the maximum sentence in Section 5 (2) (d) is the period upto five years.
The Court observed that without commenting on the merits of the case and in the light of provision to Section 497 Cr.PC, there is no genuine reason to decline the concession of interim bail to the petitioner who is a lady suffering from medical problem of both knees, besides being a permanent resident of Jammu and is on the pay roll of the government. Curtailing her liberty will amount to punishment before the trial, the Court added.
With these observations, the Court allowed the application and ordered the petitioner to be released from custody, provided she furnishes a personal bond amounting to Rs. 25,000 and one surety in the like amount.
The Court ordered that the petition shall be listed for further orders on 6th March, 2017 and on aforesaid date, the IO shall appear in the Court along with CD file.
