Excelsior Correspondent
Srinagar, Mar 26: In a fresh development related to the case that shook J&K, a local court today granted bail to the sole accused apprehended by Cyber Police in connection with the ‘curative survey’ scam.
In delivering the verdict, Forest Magistrate Feroz Ahmad Khan stressed that bail isn’t punitive but rather preventive, with the deprivation of liberty considered a form of punishment unless necessary to ensure trial attendance.
The prosecution objected, stating that the accused played a critical role in the crime syndicate, alongside other absconding associates, allegedly floated a bogus company, enticing the public to invest with promises of profits and dividends and after accumulating a significant investment vanished, leaving investors cheated and defrauded.
Referring to Article 21 of the Constitution, Khan highlighted that refusal of bail infringes upon personal liberty and that the severity of the offense alone shouldn’t dictate bail decisions.
He refrained from expressing opinions on the case’s merits, underscoring the presumption of innocence until proven guilty.
The advocate representing the applicant argued that the accused had been in custody for months without notice under Section 41-A CrPC. He contended that the investigation was complete, and the accused’s continued custody was unnecessary.
Additionally, he asserted that the charges against the accused didn’t warrant prolonged detention, as the offense under Section 420 IPC carries a maximum sentence of seven years, lacking grounds for denying bail.
Considering these arguments and legal precedents, the magistrate ruled in favor of granting bail. The accused would need to furnish bail bonds with two sureties of Rs. 1 lakh each, under conditions barring attempts to influence witnesses and mandating participation in court proceedings.
Pertinent to mention here, the scandal first emerged in December last year, shocking numerous victims who had been duped with promises of substantial returns on their investments.
Operating under the façade of ‘Curative Survey Private Limited,’ the company’s sudden disappearance plunged affected individuals into chaos, prompting widespread public outcry and protests.
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