JAMMU, July 17: Sub-Judge Jammu Pawan Kumar Sharma today granted bail to Chander Kishore Gulhati, son of C L Gulhati of Sidhra, who was arrested by the Crime Branch in alleged fraud case.
After hearing Senior Advocate BS Salathia with Advocates Ashish Sharma, Bhanu Slathia, Parkhi Parihar and Pulkit Chrungoo for the applicant, the court observed, “bail is a rule and jail is an exception. This is a basic law and applying the principles of law in the present case it appears that there is nothing to justify the detention”.
“No special reasons have been brought to my notice for denial of bail to applicant who is otherwise old man. If there was no threat to prosecution witnesses when he was free certainly there can be no threat now once charge sheet is filed”, Sub-Judge said, adding ” Section 497 of CrPC provides that court may direct release on bail any person under the age of 16 years, sick and infirm person”.
“This provision has come to the rescue of the applicant who is more than 86 years of age and certainly falls in the infirm category. The last argument of the prosecution that the other co-accused who happened to be applicant’s sons are also in custody and whose applications for bail had already been dismissed by several courts is also not attracted and applicable”, the court said while granting bail.