Excelsior Correspondent
JAMMU, Dec 10: Special Judge CBI Jammu Sanjeev Gupta has rejected the bail applications of Hilal Ahmad Sheikh, Superintending Engineer and Predhiman Krishan Koul, Assistant Executive Engineer, who were arrested by the CBI in corruption case.
After hearing both the sides, the court observed, “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 Sanjay Koul 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”, the court said, adding “unfortunately petitioners are alleged to have shown scant respect for the rules regulating their conduct”.
“They also exhibited insensitivity and harassed the complainant only to satisfy their lust for money. The allegations, viewed in that perspective, are serious as they demonstrate that the menace of corruption is all prevailing and the organizations of repute are fast losing their credibility due to prevalence of corruption within”, the court observed.
“It is incumbent upon the court to exercise its discretion judiciously, cautiously and strictly in graft cases being different from other common offences. The offences under PC Act have far reaching consequences which affects the society. The individual liberty cannot be accentuated to such an extent or elevated to such a high pedestal which would bring in anarchy or disorder in the society”, the Judge said.
“In other words the societal concern has to be kept in view in juxtaposition of individual liberty. Furthermore, given the status and position of petitioners, influencing of material witnesses cannot be ruled out, in case concession of bail is extended to them”, the court said while rejecting the bail applications.
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