HILAL RATHER Vs. UNION OF INDIA

JUDGEMENT

(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: -

(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.