The Jammu & Kashmir and Ladakh High Court today (27.12.2021) granted bail to Superintendent Engineer and Assistant Executive Engineer who were arrested by the CBI in a corruption case.
Justice Mohan Lal observed that for grant or refusal of bail in non-bailable offence, concept of ‘personal liberty’ as enshrined in Article-21 of the Constitution of India is of paramount importance and the general rule is that bail is rule and jail an exception.
Petitioners/accused were in detention for the last more than 24 days and presently are in judicial custody and are not required for the purpose of investigation anymore & the fundamental postulate of criminal jurisprudence is that an accused is presumed to be innocent till guilt is proved against him.
In view of the aforesaid discussion, it is amply clear, that there would be no danger of the course of justice being thwarted if petitioners/accused are granted bails.
Accordingly, petitioners/accused are admitted to bails subject to their furnishing one surety bond each in the sums of Rs. 50,000 to the satisfaction of Registrar Judicial this court with the furnishing of personal recognizance’s of like amounts before Superintendent District Jail, Amphalla Jammu.