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| Ex-BOPEE head denied bail | | | Early Times Report
jammu, Aug 20: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi today dismissed the bail application of Mushtaq Ahmad Peer ex-BOPEE Chief and directed Special Judge Anticorruption, Srinagar, to conduct the trial of January 12, 2014 Criminal Challan No 42/B on day to day basis and complete it in accordance with law within a period of six months from the date of receipt of copy of this order.
If the prosecution or the accused persons are not co-operating for day to day conduct of the trial, it is open for the Special Judge Anticorruption, Srinagar to compel the presence of the accused and the witnesses in accordance with law. He is directed to sent the report after completing the trial to the registry of this court, as directed above, by the end of February, 2016.
The Crime Branch, Kashmir, had registered FIR No 24 of 2013 for offences under Sections 420, 120-B RPC read with Section 5(1) of the Prevention of Corruption Act, SVT. 2006 and the petitioner was arrested on 23.11.2013 and put in jail. The Special Judge Anticorruption, Srinagar, framed charge against 51 accused and the petitioner is shown as accused No 1. All the accused persons except petitioner, have been released on bail by the court. When the petitioner filed bail application earlier the same was rejected by the sessions court as well as by this court.
This application is filed before this Court contending that all the accused persons, except the petitioner, having been released on bail, he is also entitled to be released and as of now the only evidence available against him is the statement of the approver whose statement in chief was recorded on 06.04.2015 and cross examination was concluded on 02.05.2015 and the trial Court without considering the statement of the approver, rejected the bail application. It is contended that the petitioner is now aged 64 years and he is suffering from diabetes, hypertension unstable angina and is taking continuous medical treatment and the treatment given in the lockup is not sufficient, therefore, he may be released on bail and that the petitioner will not evade the process of law and will not temper the witnesses.
The bench observed that the contention of the senior counsel appearing for the petitioner that he is not doing well and is taking treatment, can be taken care of by the jail authorities by giving him the best treatment.
The bench said that if there is any laxity on the part of the jail authorities in extending medical treatment to the petitioner, it is always open for him to approach the Special Judge Anticorruption, Srinagar, for getting appropriate directions in this regard. (JNF) |
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