HC dismisses bail plea of accused
Kupwara scholarship scam
D A RASHID
Srinagar, Jan 31: The State High Court on Tuesday dismissed the revision petition of an education officer and his assistant seeking bail in a scholarship scam case wherein they had allegedly swindled rupees one crore which was meant for the students of Gujjar and Bakerwal community in Kupwara.
Justice Hasnain Massodi rejected the bail plea on the grounds that it was not maintainable and rejection of bail is an interlocutory order and none of the rights of the petitioner has been violated.
The accused Zonal Education officer, Khumriyal, Muhammad Akbar Mir and his senior assistant, Muhammad Amin Lone, had filed bail application in the High Court after the Sessions Court Kupwara rejected their bail plea on the grounds that it had no merit and the investigation of the case was in progress.
The accused were arrested by Kupwara police nearly two months ago for alleged misappropriation of over Rs one crore released by the government for disbursement among deserving students of Gujjar, Bakerwal and Phadi communities in Khumriyal zone as scholarships.
Although the ZEO Khumriyal and his assistant were arrested by the Kupwara Police 58 days ago, police has not filed the charge sheet of the case in the competent court.
As per legal procedure, police is bound to file the charge sheet within 60 days after the accused is taken into custody for committing a crime.
Additional Advocate General, Ajaz Ahmad Chisti on Tuesday argued before the court that the duo has committed a serious crime and granting bail to them could prove detrimental to the investigation.
He informed the court that the statement of objections revealed that the government had allotted funds to the ZEO for scholarships for the students during 2009-10 and 2010-11, but the funds were embezzled by the accused.
He argued that the ZEO in league with his senior assistant set ablaze the records after it was put in a vehicle ( Spark Chevrolet) bearing registration no JK09-6805 which belonged to the accused senior assistant.
The counsel pleaded that the records were put on flames as the vigilance had taken cognizance of the matter and had noticed gross discrepancies in the distribution of scholarships.
“Police Station Kupwara has already registered a case (FIR 403/2011) under various criminal sections of RPC against the accused and investigation is going on,” the counsel argued.
He argued that the Acquaintance roll was manipulated and it was shown that the scholarships was disbursed among the candidates who had not received it.
The counsel told the court that the accused have shown 4855 beneficiaries having received the scholarships although the names have not been sent by the Pay Center Officers. After hearing the arguments from the Additional Advocate General and the counsel for the accused, the court dismissed the bail application.
Lastupdate on : Tue, 31 Jan 2012 21:30:00 Makkah time
Lastupdate on : Tue, 31 Jan 2012 18:30:00 GMT
Lastupdate on : Wed, 1 Feb 2012 00:00:00 IST
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