BASHIR AHMAD DAR Vs. STATE OF J&K

JUDGEMENT

(1.) Aggrieved of rejection of his bail plea by learned Special Judge, Anti -corruption, Jammu, in terms of order dated 29th July, 2015, the petitioner -accused, Bashir Ahmad Dar has invoked the inherent jurisdiction of this Court under Sec. 498 of the Code of Criminal Procedure (for short Cr.P.C.) for enlargement of bail. FIR No. 36/2013 for the offences under Ss. 420, 468, 471, 120 -B RPC read with Sec. 5(2) Prevention of Corruption Act, Svt. 2006, came to be registered with Police Station, Crime Branch, Jammu, on the basis of enquiry report of the Joint Secretary of Board of School Education (for brevity 'BOSE'). According to the enquiry report, a huge scandal involving corruption of a larger magnitude surfaced in Elementary Teachers Training Courses conducted by ETT Institutes in the State. It was revealed that hefty amounts ranging between Rs. 45,000/ - to 80,000/ - per student per year were charged for two years ETT Course from gullible students who were lured by these Institutes for providing the degrees/certificates. Allegedly these Institutes lacked the basic infrastructure and did not satisfy the criteria prescribed by National Council for Teachers Education (NCTE). Some officers of the BOSE were alleged to have granted affiliations/permissions to these Institutes in gross violation of norms by abusing their official position and conferring undue pecuniary advantage upon beneficiaries who were none other than the owners of these Institutes. Allegedly permissions were given for setting up of ETT Institutes in Jammu & Kathua Districts during the year 2002 -2003 without framing rules/regulations. Petitioner in his capacity as the then Director, Academics of BOSE is alleged to have issued permission letters revealing his complicity in the aforesaid alleged offences. Reportedly, the petitioner was arrested on 23rd July, 2015.

(2.) Upon consideration of the bail plea of petitioner in the context of report submitted by the Crime Branch, Jammu, objections filed by prosecution and perusal of case diary files, the learned Special Judge, Anticorruption, Jammu, was of the view that allegations against the petitioner were serious in nature and the material assembled during investigation revealed that affiliation to most of 22 identified Institutes has been granted under signatures of petitioner in his capacity as Director, Academics, BOSE. It also noticed that the Institutes had admitted students beyond the permitted intake capacity. It also noticed that many students had managed to get degrees without even actually attending the classes. This, according to learned Special Judge, Anticorruption, Jammu, happened, as such permissions were granted without prior inspection. Some of the Institutes were also found to be running without proper infrastructure. Learned Special Judge, Anticorruption, Jammu, was of the view that the material gathered during the investigation not only suggested involvement of owners of such ETT Institutes but also pointed towards connivance of officers of the BOSE. Being of the view that the material assembled during the course of investigation appeared to be supporting these allegations and that the investigation was at nascent stage, learned Special Judge, found no case made out for indulgence. The bail plea was accordingly rejected.

(3.) It would be appropriate to refer to the plea of the petitioner for release on bail on the ground that he is a 'sick and infirm person'. The learned Special Judge, Anticorruption, Jammu, though of the view that the petitioner has history of heart ailment and diabetes, observed that the material on record did not suggest that such ailment posed any imminent danger to his life. In the opinion of learned Special Judge, the ailment of the petitioner was not of such serious degree so as to warrant grant of bail.