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2023 Supreme(J&K) 96

MOHAN LAL
Sajjad Ahmed – Appellant
Versus
Central Bureau of Investigations through SP CBI ACB, Jammu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Aseem Sawhney
For the Respondent: Monika Kohli

JUDGMENT :

1. Petitioner/accused arrested on 08.02.2023 in FIR No. RC0042023A003 CBI/ACB Jammu for commission of offences punishable under section 7 of the Prevention of Corruption Act 1988 r/w 120-B IPC and presently lying in judicial custody (for the last more than 1 ½ months) in District Jail Jammu has claimed bail on the grounds, that the petitioner is respectable citizen of the nation and resident of J&K and is a Govt. Servant working as Chief Accounts Officer in JKTDC; that the petitioner is innocent and has not committed any offence, on the contrary the complainant is trying to arm twist him with the connivance of certain CBI officers to settle some personal scores which shall be revealed at the stage of cross-examination and defense in the trial, however, by keeping the petitioner under detention is precluding him from preparing the case for trial/ defense which is a "pre-trial punishment"; that the personnel of CBI ACB on 08.02.2023 arrested the petitioner in a false and fabricated case, neither the grounds of arrest nor memo of arrest was prepared and provided to him, and his arrest is in violation to the arrest guidelines as envisaged by the celebrated judgment of "D.K. B

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