MOHD RAZAK Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) ARRESTED on 9th of April, 2007 on being found to have accepted an amount of Rs. 1000/- as illegal gratification from complainant, Rattan Lal Koul, who had lodged a written complaint with Police Station Vigilance Organization, Jammu that mohd. Razak, Patwari was demanding an amount of Rs. 1000/- as illegal gratification for entering mutation of complainant's-wife, daizy Koul regarding 9 marlas of land which she had purchased vide a duly executed and registered sale deed, Mohd. Razak, Patwari and Kaki Ram, his peon have filed these two applications for their release on bail in FIR No. 9/2007.

(2.) SHRI Bhupinder Singh Salathia, learned additional Advocate General submits that the petitioners were involved in a case of corruption punishable under S. 5 (2) of the Prevention of Corruption Act, 2006, they, as such may not be admitted to bail because their detention during trial would help curbing the menace of corruption in the society which according to Mr. Salathia had reached an alarming level. Learned counsel additionally submits that the petitioners would tamper with the evidence which had been collected and which may be collected during further investigation of the case to find out as to who else in the Revenue Department of the State to which the petitioners belonged were involved in encouraging corruption in the Revenue Department.

(3.) SHRI K. S. Johal, on the other hand, submits that the petitioners carry a presumption of innocence. Punishment prescribed under S. 5 (2) of the Prevention of corruption Act is neither death nor imprisonment for life which may create an absolute impediment in considering their release on bail when they had already spent sufficient time in custody with the Vigilance Organization facilitating their custodial interrogation, which even otherwise was not warranted after the alleged seizure of trap amount from one of the petitioners.