Excelsior Correspondent
Srinagar, Aug 13: The State High Court today rejected the bail application of prime accused in Board of Professional Entrance Examination (BOPEE) scam with the condition that the rejection shall not come in the way of him for making another attempt for bail on fresh grounds.
The Division Bench rejected the bail of the accused, Farooq Ahmad Itoo, who is behind the bars for one and a half year in the offence of selling CET papers in lieu of money to various people. “To sum up, we are of opinion that case in hand does not at present call for petitioner’s enlargement on bail in exercise of inherent powers”, said the Division Bench of Chief Justice N Paul Vasanthakumar and Justice Hasnain Masoodi.
Accused Itoo had applied for the bail on various grounds including that he has become prosecution witness (approver) under Section 337 of code of criminal procedure and honestly and faithfully disclosed all information touching alleged scam, more so he has been in custody for one and a half year and is having serious ailment and excruciating pain.
Court while rejecting the ground of becoming approver said that a bare look at Section 337, makes it abundantly clear that person, accepting tender of pardon, cannot press into service Sections 497 and 498 of the code to seek his admission to bail. “The person accepting tender of pardon, is to remain in custody notwithstanding provisions as regards bail to an accused till termination of trial”, bench said.
While rejecting the ground of ailment, court said the petitioner (accused) can be provided all medical facilities by directing jail authorities to provide him necessary medical care. “Superintendent Jail concerned, however, is directed to get petitioner examined by a Gastroenterologist at SKIMS, so that all possible medical treatment is provided to petitioner”, court directed.
Accused Itoo was arrested for having played a key role in leakage of CET question papers as he worked as conduit to supply question papers to some of candidates at the behest of the then BOPEE chairman Mushtaq Peer in consideration of huge amount. Sections 420, 406, 201, 120B read with Section 5(1) and 5(2) under prevention of corruption act were slapped on the accused by Crime Branch Kashmir.
Court, however, gave right of another attempt of bail to the accused on fresh grounds and mentioned in the rejection of bail order: “This order shall not stand in way of petitioner to make on more bid for bail on fresh grounds, if any, available to petitioner”.
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