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| Court rejects bail plea of SE, AEE in corruption case | | | Early Times Report
JAMMU, Dec 10: Special Judge CBI Jammu Sanjeev Gupta has rejected the bail applications of Hilal Ahmad Sheikh Superintendent Engineer and Predhiman Krishan Koul Assistant Executive Engineer who were arrested by the CBI in corruption case.
The case was registered on the basis of a complaint made by Mohammad Adiem Parihar alleging demand of amount of bribe of three lakhs at the hands of petitioner No.1 Hilal Ahmad Sheikh, serving as Superintendent Engineer, PWD (R&B), Circle Udhampur-Reasi for processing the file related to technical sanction of the project awarded to the complainant through tender for construction of Medical Sub-Centre in District Reasi in 2017-2018, of which complainant had executed some part of project.
Sheikh agreed to accept 1.5 lakhs as bribe to be paid to petitioner Koul, Assistant Executive Engineer, posted as technical officer and the remaining amount be paid later on after receipt of bill amount. The complainant told Sheikh that he cannot arrange 1.5 lakhs in cash and stated that some cash and remaining amount by cheque will be arranged. Reportedly CBI laid trap at PWD Guest House at Udhampur on 2-12-2021 and graft amount of Rs. 40,000 in cash and a cheque of Rs. 1, 10,000/ lying in an envelope which was kept in a bag by co-accused Sanjay Koul, Junior Engineer, PWD (R&B) Sub-Division Lander was recovered which was accepted by him from the complainant on behalf of Sheikh on the instruction of Koul. Petitioners having been arrested on spot on 2-12-2021 were remanded to custody by CBI for custodial interrogation. Presently, petitioners are on judicial remand.
The Special Judge CBI observed that in the instant case the transcript of recorded conversation at the time of verification of complaint and on the day of trap between the complainant and petitioners ex-facie suggests to be a case of demanding illegal gratification in pursuance of a criminal conspiracy between petitioners in pursuance of which co-accused was made to accept the bribe amount from the complainant which was allegedly recovered from him. The bribe amount is alleged to have been exhorted by demanding and accepting the same as consideration for processing the file with regard to giving technical sanction of construction work allotted to the firm of complainant. Abuse of official position is attributed to the petitioners who as officials of PWD Department are admittedly governed by a set of rules regarding their conduct. Unfortunately petitioners are alleged to have shown scant respect for the rules regulating their conduct.
The court observed that in so far as case law cited at bar by the Counsel for the petitioner 1, it is of no avail as the proposition of law laid down with regard to the provisions of section 7 of the PC Act in the said authorities was dealt with by the Apex Court at the stage of appeal after post trial of the trap cases of graft. With these observations court rejected the bail applications. |
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