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news details
HC grants bail to SE, AEE caught red-handed by CBI
12/27/2021 10:40:12 PM
Early Times Report
JAMMU, Dec 27: The Jammu & Kashmir and Ladakah High Court today granted bail to Hilal Ahmad Sheikh Superintendent Engineer and Predhiman Krishan Koul Assistant Executive Engineer who were arrested by the CBI in corruption case.
Justice Mohan Lal observed that for grant or refusal of bail in non-bailable offence, concept of 'personal liberty' as enshrined in Article-21 of the Constitution of India is of paramount importance and the general rule is that 'bail is rule' and 'jail an exception'. Petitioners/accused are lying in detention for the last more than 24 days and presently are in judicial custody and are not required for the purpose of investigation any more.
The fundamental postulate of criminal jurisprudence is that an accused is presumed to be innocent till guilt is proved against him. Keeping of petitioners/accused in continuous detention would amount to infringement of their fundamental right to life and liberty which would amount to their incarceration and inflicting pre-trial punishments which is against the mandate of criminal jurisprudence as punishment can only be inflicted after full flagged trial and after holding the accused guilty.
In view of the aforesaid discussion, it is amply clear, that there would be no danger of the course of justice being thwarted if petitioners/accused are granted bails. Therefore, petitioners/ accused have carved out a strong case for grant of bails in their favour. The bails applications succeed and are allowed. Accordingly, petitioners/accused are admitted to bails subject to their furnishing one surety bond each in the sums of Rs. 50,000 to the satisfaction of Registrar Judicial this court with furnishing of personal recognizance's of like amounts before Superintendent District Jail, Amphalla Jammu.
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