Despite facing charges under IPC and Prevention of Corruption Act, Jatinder Kumar secures bail with stringent conditions to ensure compliance and trial attendance.
In a significant decision by the Jammu and Kashmir High Court, Justice Mohd. Yousuf Wani has granted bail to Jatinder Kumar, who is accused of engaging in fraudulent activities involving the processing of fake loans and receiving bribes. This decision comes despite serious allegations under various sections of the Indian Penal Code (IPC) and the Prevention of Corruption Act, 1988. The bail was granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with strict conditions imposed to ensure Kumar’s presence during the trial and prevent any interference with the prosecution's evidence.
Kumar, a bank manager, was implicated in a fraud case involving the sanctioning of loans based on fake documents. The prosecution alleged that Kumar facilitated the creation of false documents, impersonation, and the activation of dormant accounts, causing significant financial losses to the bank. Despite these serious allegations, the court highlighted the need to balance personal liberty with societal interests.
The court laid down stringent conditions for Kumar's release on bail. He is required to furnish surety and personal bonds, remain present during the trial, and is prohibited from leaving the country without permission. Additionally, he must not influence any prosecution witnesses and is required to provide permanent and temporary address details to the trial court. These measures aim to prevent any misuse of bail and ensure the smooth progress of judicial proceedings.
The judgment emphasized the need for judicial discretion to be exercised with care and circumspection, considering the nature and circumstances of the case. It underscored that bail should not be denied solely based on the seriousness of the crime if other factors justify its grant. The court cited several precedents, advocating a humane and compassionate approach in granting bail, while ensuring that the accused attends the trial.
This decision reflects the court's commitment to upholding the principle that deprivation of liberty before conviction should be avoided unless absolutely necessary. The court’s ruling is a reminder of the importance of balancing individual rights with the need to maintain public order and justice.
Bottom Line:
Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, granted to petitioner accused despite allegations of fraudulent activities, subject to strict conditions ensuring compliance and presence during trial.
Statutory provision(s): Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 419, 420, 467, 468, 471, 120-B of IPC, Sections 7 and 13 of Prevention of Corruption Act, 1988
Jatinder Kumar v. UT of J&K, (Jammu And Kashmir) : Law Finder Doc Id # 2829048
