HILAL RATHER Vs. UNION OF INDIA
LAWS(J&K)-2020-12-90
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 29,2020

Hilal Rather Appellant
VERSUS
UNION OF INDIA Respondents




JUDGEMENT

JAVED IQBAL WANI - (1.)The instant petition has been filed by the petitioner namely Hilal Rather through his wife Shazia Murtaza for grant of bail in case FIR No. RC0042020A0002 dated 04.03.2020 under Sections 5(1) (d) read with Section 5 (2) of the J&K Prevention of Corruption Act Svt. 2006 and under Sections120-B, 409,420 and 471 of RPC and under challan bearing No. Nil titled as CBI Vs. Hilal Ahmed Rather & Ors pending before the court of Special Judge Anti-Corruption CBI cases, Jammu.
(2.)Before dealing with the instant petition it would be appropriate to briefly delineate some important facts here under: -
2.1 That an FIR is registered being FIR No. 13/2019 dated 27.06.2019 in the Police Station Anti-Corruption Bureau, Jammu, (for brevity ACB) under Section 5(1)(d) read with Section 5(2) of the J&K Prevention of Corruption Act Svt. 2006 (hereinafter for short PC Act) and under Sections 120-B, 409,420 and 471 of RPC implicating petitioner therein as an accused.

2.2. That vide letter dated 26.02.2020 issued by the Deputy Secretary, GAD, Civil Secretariat, Jammu, the investigation of the case is transferred to Central Bureau of Investigation (for brevity CBI) which upon receipt re-registered the same as FIR bearing No. RC 0042020A002 dated 04.03.2020 under Sections under Sections 5(1) (d) read with Section 5 (2) of the J&K Prevention of Corruption Act Svt. 2006 and under Sections 120-B, 409,420 and 471 of RPC.

2.3. Upon completion of investigation Challan is presented before the learned Special Judge Anti Corruption (CBI cases) Jammu, (for brevity the Trial court).

2.4. Petitioner filed a bail application before the Trial court on16.01.2020, which came to be dismissed vide order dated 04.02.2020 where after the petitioner moved an application for interim bail on account of his ailing health and also outbreak of COVID-19 before the Trial court on 06.03.2020 which also is dismissed vide order dated 31.03.2020.

2.5. The petitioner after dismissal of interim bail application by the Trial court vide order dated 31.03.2020 filed an application before this court seeking interim bail which too is dismissed on 24.04.2020 where after the main bail application filed on 06.03.2020 before the Trial court by the petitioner is dismissed on 14.05.2020 by the Trial court.

2.6. Upon dismissal of the bail application supra vide order dated 14.05.2020 by the Trial court, petitioner filed the instant bail application.

Petitioners contentions/ grounds:

(3.)Petitioner in the petition contends that the ACB lodged the FIR and initiated investigation without jurisdiction and authority of law inasmuch as the final report presented is illegal and no charges could be framed against the petitioner under the provisions of PC Act.
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