HC grants bail to accused in land transaction case

Excelsior Correspondent

Srinagar, Jan 20: Observing that the Crime Branch has not taken effective steps to arrest the accused, High Court has admitted the accused on pre-arrest bail involved in land transaction case with the condition that he will join the investigation forthwith before the concerned Investigating Officer (IO).
The petitioner-accused Ghulam Mohi-uddin Dar has invoked the jurisdiction of the Court seeking bail in anticipation of his arrest in FIR No. 53/2021 for the commission of offences under Sections 419,420, 120- B IPC registered at Crime Branch, Srinagar. His earlier bail application has been rejected by the court of 2nd Additional District and Sessions Judge, Srinagar.
Justice Mohan Lal from the perusal of the contents of the bail application and the objections filed by the Crime Branch recorded that between the petitioner-accused and complainant the case regarding sale and purchase of land is involved which the court said, is purely of a civil nature and the offences in FIR No. 53/2021 under Section 419, 420, 120-B, IPC are not punishable death penalty or life imprisonment.
Court said there is no legal embargo in considering the bail application of the petitioner-accused as it is cardinal principle of criminal jurisprudence that ‘bail is rule’ and ‘jail is an exception’. “From the date of registration of FIR 53/2021, respondent- Crime Branch has not taken serious efforts to effect the arrest of the petitioner-accused. Petitioner-accused is a resident of Jawalpora Samsan, District Budgam, has deep roots in society, and therefore does not possess the golden wings to flee from justice”, Justice Lal recorded in the bail order.
Court further directed that the accused-petitioner will forthwith join the investigation before the concerned Investigating Officer (IO) and shall not to leave the territorial jurisdiction of this Court without seeking prior permission. “He shall not hamper the investigation or temper the prosecution evidence and shall not cause any inducement or threat to any person/witness acquainted with facts of the case or deposing them before the investigating agency”, Court further added.