Excelsior Correspondent
Srinagar, Aug 27: Jammu and Kashmir High Court today granted conditional bail to former BOSE Secretary who was arrested by Crime Branch Jammu in Elementary Teachers Training scam.
Former BOSE Secretary, Bashir Ahmad Dar, has been released on bail on executing personal bond with two sureties in a sum of Rs one lakh to each.
Justice B L Bhat released Dar on bail with the conditions that he shall not in any manner influence the prosecution witnesses, he shall not leave the territorial jurisdiction of the State of Jammu and Kashmir without prior permission from trial court, he shall surrender his passport with the Registrar Judicial of High Court.
“Accordingly bail petition is allowed. The petitioner is ordered to be enlarged on bail for the offences reflected in para 2 of this order”, court directed.
Court while setting conditions of granting bail said breach of any of these conditions by the petitioner Dar shall warrant cancellation of bail. Court further made it clear that any observation of the court for granting bail to petitioner shall not deemed to be ‘expression of opinion’ on the merits of the case and said trial court shall not be influenced by these observations while dealing with the matter up to its final stage.
Dar was arrested in FIR 36/2013 for the offences committed under Sections 420, 468, 471, 120-B RPC read with section 5(2) of PC act by the Crime Branch of Jammu on July 23.
Dar was denied bail by Special Judge Anticorruption Jammu and aggrieved of the said order he approached High Court with the plea that he is senior citizen of 71 years of age and having undergone heart surgery in the year 2013 and besides this he is a diabetic on insulin twice a day.
Prosecution counsel B A Dar (AAG) contested the motion for bail on the ground that the ETT scam involves officers and officials of the BOSE besides the ETT institute owners. He submitted that BOSE officers connived by granting permission without conducting inspection and a large number of gullible students were fleeced into paying hefty amounts and awarded degrees without attending classes.
Court after hearing both the parties observed that this court under Section 498 of CrPc is sparingly exercised and regulating exercise of bail under Section 497 of code. Admittedly in the instant case, offences alleged do not fall within the mischief of bar imposed under Section 497.
“Viewed, thus the case of the petitioner would not fall within the exceptional class of cases where the principle of ‘jail’ and ‘not bail’ would be attracted , unless gravity of offence and larger public interest so warrants”, court said.
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