Excelsior Correspondent
SRINAGAR, Aug 25: High Court dismissed pre-arrest bail application of former General Manager District Industries in an offence of making allotments of land in favour of various unit holders during his tenure in gross violations of industrial policy.
Justice Ali Mohammad Magrey dismissed the application of Liaq Parvaiz seeking bail in anticipation of his arrest by recording that there is no merit in the application. Court however, made it clear that the rejection of bail in anticipation shall not come in the way of accused to approach the court of competent jurisdiction for seeking regular bail.
Anti Corruption Bureau has registered FIR against the accused-Parvaiz for commission of offence punishable under Prevention of Corruption Act and Criminal Conspiracy of RPC. Accused-Parvaiz has retired as Programme Officer ICD, Senior Scale KAS Cadre post.
The questionnaire of ACB reveals that the accused-Parvaiz not only issued allotment order qua the land but also executed lease deeds thereof with the unit holders and has made only selective application of main industrial policy without factoring in the guidelines issued on the subject.
Government counsel while opposing the bail application submitted before the court that the case registered against the applicant is in its initial stage and a reasonable time is required for the concerned authority.
He submitted before the court that if anticipatory bail is granted at this initial stage the same will not only halt the investigation but will also hamper the same badly. Justice Magrey after hearing the counsel said, that it is well settled that the court concerned should be satisfied that the accused being enlarged on bail will not be in a position to tamper with evidence.
When allegations of tampering of evidence, court added, are made, it is the duty of the court to satisfy itself as to whether the allegations have basis and if the allegations are not found to be concocted then it would not be proper to exercise of jurisdiction in enlarging the accused on bail.
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