India

Court grants pre-arrest bail to Dy Secy

gy correspondent Jammu may 4
[ May 04, 2017 ] Special Judge Anticorruption Jammu Sanjeev Gupta has granted interim anticipatory bail to Mr Anil John, who is at present Dy Secretary to Govt. Floriculture Department Civil Secretariat, Jammu in an FIR no. 16/2017 registered by State Vigilance Organisation Jammu after hearing Mr Aseem Sawhney Advocate with Utkarsh Pathania Advocate.Advocate Aseem Sawhney submitted before the Court that the SVO has registered two FIRs again the petitioner which are false and frivolous and aimed just to harass the petitioner who is at the verge of retirement. He submitted that in FIR no. 15/2017 the petitioner was arrested and granted bail by this Court, but the SVO has registered another FIR no. 16/2017 under 5 (1) d PC Act read with 5(2) PC Act and section 120 B RPC wherein the petitioner is again apprehending arrest to cause humiliation and harassment to petitioner.Adv Sawhney submitted that the acts which are alleged by the VOJ in the FIR are 8-9 years prior and it is sheer illegal to register a delayed FIR after 9 years when the petitioner is at the verge of retirement.The counsel for the petitioner submitted that the petitioner is not fleeing away from law and would cooperate in the investigations. Moreno he referred to Supreme Court of India judgment which directs that in an offence where the punishment is less than 7 years the arrest cannot be made.After hearing counsel for the applicant, Court observed that as facts unveil the FIR was registered in the month of April 2017 against the petitioner with regard to alleged back door appointments of persons mentioned in the police report way back in year 2008 when he was posted as project officer DRDA Samba and also observed that the petitioner is going to retire shortly and without commenting upon the merits of the case the petitioner should be granted concession of bail and directed in the event of arrest