LIAQ PARVAIZ Vs. UT OF J&K

JUDGEMENT

(1.) The instant application is filed by the applicant under and in terms of Section 438 of the Code of Criminal Procedure, for short Cr.P.C., seeking grant of bail in anticipation of arrest in connection with case FIR no. 03/2020 of Police Station Anti-Corruption Bureau Kashmir, Srinagar, registered for the commission of offences punishable in terms of Section 5(1)(d) and Section 5 (2) of the Prevention of Corruption Act, Svt. 2006, for short P. C. Act, read with Section 120-B of the Ranbir Penal Code, for short RPC.

(2.) The bail is sought inter alia on the grounds that the very premise on which the FIR has been registered is factually unfounded and legally misconceived thus wholly unwarranted; that it is registered in most mechanical and perfunctory manner under the repealed P.C. Act.

(3.) Ordinarily, this Court does not entertain bail applications seeking regular or bail in anticipation of arrest in those cases where the remedy of approaching the court of first instance has not been exhausted and only the cases with peculiar circumstances are exceptionally considered.