The court of Special Judge Anti-Corruption here on Saturday granted bail to former J&K Bank Chairman Parvez Ahmad Nengroo in two separate cases.
After hearing special public prosecutors and defence counsel, Special Anti-Corruption Judge, CL Bavoria said: “Having taken in regard all the facts and circumstances including duration of custody of the petitioner (accused) and directions of the Supreme Court and that of Justice Ali Mohammad Magrey, for release of prisoners in J&K in view of the COVID19 pandemic into consideration, the status of the investigation and the objections raised by the prosecution, in the opinion of the court the petitioner deserve concession of bail.”
The court added that in view of the objections of prosecution that the investigation has not completed and the presence of the accused is required by the investigating agency “petitioner is admitted to interim bail in both the FIRs i.e. FIR Nos. 14/2020 and 01/2020 till 31 May 2021.”
The court imposed conditions on the accused that he shall appear before investigating officer during the interim bail in between from 10 AM to 2 PM as and when called by the IO.
The other conditions imposed include that the accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, and shall not leave the jurisdiction of court without prior permission.
The court added that prosecution shall be at liberty to approach the court for cancellation of the bail of accused in case he fails to fulfil the conditions as laid.
In its observations the court said that grant or refusal of the bail is a matter of discretion of the court, depending upon the facts and circumstances of each case.
While referring to various provisions of law and the Supreme Court judgments, the court said that the jurisdiction to grant bail has to be exercised on the basis of well settled principles having regards to the facts and circumstances of each case.
The court observed that bail is not to be withheld as a punishment. “Even assuming that the accused is prima facie guilty of a grave offence, bail cannot be refused in an indirect process of punishing the accused person before he is convicted,” the court observed.
The court said that the accused is in custody for the last more than one and half months, and more than one month has lapsed after dismissal of his earlier bail application.