Mitali Palnitkar
Published On: December 28, 2021 at 17:06 IST
Bail was granted to Superintendent Engineer (SE) and Assistant Executive Engineer (AEE) by the Jammu & Kashmir and Ladakh High Court. The SE and the AEE were arrested in a Corruption Case by the Central Bureau of Investigation (CBI).
Justice Mohan Lal observed that to grant or refuse a Bail in a Non-Bailable Offence, the concept of ‘Personal Liberty’ is of utmost importance, it is enshrined in Article 21 of the Constitution of India. He also observed that the general rule is that “Bail is rule and Jail is an exception”.
He stated that the Petitioners were in Detention for over 24 days and were in the Judicial Custody, also that they were not required for further Investigation. Further it was stated that an Accused is innocent until proven Guilty which is the Fundamental postulate of Criminal Jurisprudence.
Furthermore it was stated that clearly there was no danger if the Accused were granted Bail. Also, the Accused would be granted Bail if they furnished a Surety Bond each that sums Rs 50,000 which is to the satisfaction of the Registrar Judicial of the Court. Personal Recognizance’s of similar amount had to be furnished before the Superintendent District Jail, Amphalla Jammu.
The Accused were directed that they shall neither influence the Prosecution witnesses nor dissuade them from deposing before the Court. The Accused were told to appear before the Trial Court on each and every date of hearing, except for special circumstances beyond their control. They were cautioned not leave the territorial jurisdiction of the Trial Court without seeking prior permission.