Excelsior Correspondent
JAMMU, Dec 27: High Court today granted bail to Hilal Ahmad Sheikh, Superintendent Engineer and Predhiman Krishan Koul, Assistant Executive Engineer, who were arrested by the CBI in corruption case.
After hearing Senior Advocate PN Raina and Advocate SS Ahmed for the petitioners whereas Advocate Monika Kohli for the CBI, Justice Mohan Lal observed that for grant or refusal of bail in non-bailable offence, concept of personal liberty as enshrined in Article-21 of the Constitution of India is of paramount importance and the general rule is that ‘bail is rule’ and ‘jail an exception’.
“Petitioners/accused are lying in detention for the last more than 24 days and presently are in judicial custody and are not required for the purpose of investigation any more. The fundamental postulate of criminal jurisprudence is that an accused is presumed to be innocent till guilt is proved against him. Keeping of petitioners/accused in continuous detention would amount to infringement of their fundamental right to life and liberty”, the court said.
“It is amply clear that there would be no danger of the course of justice being thwarted if petitioners/accused are granted bails. Therefore, petitioners/ accused have carved out a strong case for grant of bails in their favour. The bails applications succeed and are allowed. Accordingly, petitioners/ accused are admitted to bails subject to their furnishing one surety bond each in the sums of Rs 50,000 to the satisfaction of Registrar Judicial”, High Court said.
However, the petitioners/ accused were directed that they shall not influence the prosecution witnesses or intimidate them or dissuade them from deposing before the court, shall appear before the trial court on each and every date of hearing during the trial except for special circumstances beyond their control and not leave the territorial jurisdiction of the trial court without seeking prior permission from it.
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