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| Court grants interim bail to suspended DySP | | | Early Times Report
JAMMU, Oct 14: Judge Anticorruption Srinagar Surinder Singh grants interim bail to suspended DySP Sheikh Adil upto October 20, 2023.
Special Judge Anticorruption Srinagar Surinder Singh after hearing both the sides observed that the fundamental postulate of criminal jurisprudence is that an accused is presumed to be innocent till guilt is proved against him. Keeping the accused in continuous detention would amount to infringement of his fundamental right to life and liberty which would amount to his incarceration and inflicting pre-trial punishment which is against the mandate of criminal jurisprudence as punishment can only be inflicted after full flagged trial and after holding the accused guilty. Keeping the accused in the custody for a long period, no purpose would be served to the prosecution and it is for the prosecution to investigate, prove demand and acceptance of bribe money by the accused and affect the recovery thereof. The petitioners/accused seeking bail were indicted in grave offences like; murder and rape (POCSO) Act, and therefore, the facts of cases cited supra as citations of law by the Ld. PP in support of his arguments do not squarely fitted to the facts of present case.
In view of the discussion made herein above, it is amply clear that there would be no danger of justice being thwarted if the applicant/accused is granted bail. Therefore, applicant/accused has carved out a strong case for grant of bail in his favour. The bail application succeeds and is allowed. Accordingly, the applicant/accused is admitted to interim bail subject to his furnishing two surety bonds in the sum of Rs. 50000/- each with personal bond of like amount. The following conditions are imposed upon the applicant/ accused that he shall not directly or indirectly make any inducement, threat or promise to any person/s acquainted with the facts of the case so as to dissuade him/them to disclose such facts before the court or any other authority. That he shall co-operate with the investigation and make him present before I/O during investigation as and when he is called upon to do so.
That if he is the holder of passport will deposit his passport/travel document with the I/O until the completion of investigation of the case, so as to avoid any risk/possibility of his abscondence. That he shall not leave the valley of Kashmir without prior permission of I/O or Court as the case may be. In case the accused breaches any of the aforesaid conditions, the I/O shall be at liberty to move before the competent court for cancellation of bail granted in his favor. |
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