MOHAMMAD ASHRAF MALLA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By the medium of this application, the petitioner has invoked the jurisdiction of this Court in terms of Section 497-A of the Code of Criminal Procedure (for short Cr.P.C.) for grant of bail in anticipation of his arrest in FIR No. 1232012A0002 dated 24.01.2012 registered at Police Station CBI, Srinagar, under Sections UO-B, 420,467, 468 and 471 of Ranbir Penal Code (for short RPC) read with Sections 5(2) & 5(1)(d) of Prevention of corruption Act (for short PC Act), on the grounds taken in it.

(2.) It is stated that the petitioner, apprehending his arrest in the aforesaid FIR, approached the Court of Special Judge, Anti Corruption, Srinagar (Kashmir) for grant of bail on 02.08.2012. Interim bail was granted in his favour till 04.08.2012. However, the same came to be rejected vide order dated 06. 08. 2012. It is averred in the application that the petitioner was not in a position to cause his appearance before the trial court or before the Investigating Officer because of his ill health and medical advice to be on bed rest with effect from 01.08.2012 to 10.08.2012. In support of this contention, the petitioner along with the application has annexed a photo copy of the Medical Certificate issued by the Medical Officer, Primary Health Centre, Kunzer (annexure "C"). Further, it is contended that in case his arrest is effected, it would adversely affect his reputation and status and also cause prejudice to him. He undertakes to remain present before the Investigating Officer as and when required.

(3.) Respondent-Cbi has filed objections resisting the bail application filed by the petitioner. It is alleged that one Shakeel Ahmad Malik son of Abdul Gani Malik, resident of Panzinara, Srinagar, hatched a conspiracy in connivance with the petitioner to facilitate the illegal ways and means of said Shakeel Ahmad Malik, thereby the petitioner, misusing his official position, managed some bogus and forged revenue documents and also tampered with the evenue record with respect to a piece of land situated at Village Takia, Batapora. The actual owner had acquired the ownership of said land as per the mandate of Sections 04 and 08 of J&K Agrarian Reforms Act, 1976, but the petitioner, being the Patwari of the halqa, issued bogus revenue extracts showing the said land as Banjar-e-qadeem instead of agricultural land. It is alleged that he tampered with the revenue record of village Takia, Batapora by changing the type of the land from Abi Awal to Banjar-e-qadeem against some consideration and in order to give undue benefit to said Shakeel Ahmad. It is further contended that the petitioner has replaced the whole original khasra-girdawari register of Village Takia, Batapora. During search of his house, revenue records of the halqa was found in his bed room which was otherwise supposed to be kept in Patwar-khana. Therefore, the custody of petitioner is required to take the investigation of the case to its logical end. It is further stated that after getting the interim anticipatory bail, the petitioner did not cooperate with the Investigating Officer and remained absent. Thus he has misused the interim bail granted by the Court of Special Judge Anti-Corruption, Srinagar.