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| HC suspends sentence, orders release of police officer | | | EARLY TIMES REPORT
Jammu, Aug 27: Justice JP Singh of Jammu & Kashmir High Court (Jammu Wing) today suspended the sentence of Muzaffar Ahmed Malik, former SHO Nagrota. The sentence was awarded by Special Judge Anticorruption Jammu in a bribe case.
Allowing the appeal, the High Court ordered appelant’s immediate release . However, the appellant is supposed to deposit the finbe imposed by the trial court. He was also directed to furnish a surety in the amount of 10,000 to the satisfaction of Special Judge Anticorruption Jammu.
Justice JP Singh while suspending the sentence after hearing Advocates R Koul and KB Kaw appearing for the appellant whereas AAG Gagan Basotra appeared for the State admitted the appeal and issued notice to the respondents which was accepted by Gagan Basotra AAG. The court called the record and observed that although no case for suspension of appellant’s conviction has been made out, yet, in view of the contradictions, referred to, in the judgment, Court is of the view that a case for suspension of appellant’s sentence of rigorous imprisonment has been made out and Court suspended the sentence of the then SHO and granted him bail.
According to the VOJ case that in a complaint filed by Mahant Tulsi Giri Sheetla Mata Mandir Nagrota before SSP Jammu, on this complaint enquiry and investigation was started. In the complaint the Mahant submitted that there is land measuring 1 Kanal 13 marlas attached with Mandir. He constructed a store on the said land. Some local inhabitants in connivance with SHO started interference in his possession and he approached the SHO P/S Nagrota on May 15, 1992 and sought his help. SHO demanded Rs 25000 from him. The amount was paid to him with the hope that he will prevent any unto wards incident. In the complaint, complainant submitted in spite receiving a bribe, the accused did not help him and it was on May 17, 1992, Additional SP Jammu was on visit to Nagrota P/S and th complainant seized an opportunity and submitted an application to him who asked the accused to see that the complainant is helped genuinely and is not teased by any one. In the complaint it was further submitted that in spite of all this the accused did not help the complainant, demanded Rs 5000 more as bribe but the complainant did not pay the amount, so the accused got annoyed and thus he started openly supported the culprits and with his active support, the shed constructed by the complainant was demolished on May 19, 1992. That the complainant again approached the accused SHO and repeated his request for help, instead the helping the complainant, he detained the complainant along with Ravinder Khajuria and Raj Kumar in the police station till evening when they were let off after the intervention of some respectable persons. The complaint was endorsed to Additional SP for detailed enquiry and report within three days. In compliance of the direction of SSP, enquiry was conducted by Additional SP where after he submitted his report with the record proceedings and evidence collected during enquiry to SSP Jammu. He found some substance in the complaint of complainant and so he recommended registration of case against then SHO and investigation by Vigilance Organization. VOJ registered a case under prevention of corruption Act and after completion of investigation presented challan in the Court of law. JNF
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