Jammu and Kashmir
JAMMU, Apr 2: As 2nd Additional Sessions Judge Jammu, M K Sharma today rejected the pre-arrest bail of Amar Nath Choudhary and his wife Mohini Devi, who have allegedly committed fraud with the people regarding allotments at Royal Palm, Crime Branch raided residence of the accused who, could not be traced however.
2nd Additional Sessions Judge observed, “it is not a case of false implication nor it has been registered at the instance of some unscrupulous or irresponsible person. Moreover, anticipatory bail is not to be granted as a matter of rule. It is to be granted only in special cases when some influential persons try to implicate their rivals in false cases for the purpose of disgracing them”.
“Some very compelling circumstances must be made out for granting anticipatory bail to a person accused of economic offences and that too, when investigation is in progress. In the instant case also, the investigation is in infancy and grant of bail in anticipation of arrest may hamper the investigation. The case involves hard earned money of dozens of investors for residential or commercial space in the multiplex. Moreover, economic offences constitute a class apart and need to be visited with a different approach in the matter of bail”, the court said.
“The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country”, the court further observed, adding “on this ground also, the petitioners are not entitled to the protection of bail in anticipation of arrest”.
With these observations, court rejected the bail application.