Jammu & Kashmir High Court - Srinagar Bench
Mohammad Shafi Dar vs Ut Through Anti Corruption on 18 September, 2020
Author: Sindhu Sharma
Bench: Sindhu Sharma
Sr. No. 103
Supplementary 1st
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
(Through Virtual Mode)
CrlM No. 531/2020 in
Bail App No. 66/2020
Mohammad Shafi Dar .... Petitioner/Applicant(s)
Through:- Mr. Tasaduq H. Khawaja,
Advocate and Mr. Faizan Nazir,
Advocate
V/s
UT through Anti Corruption .....Respondent(s)
Bureau and others
Through:- Mr. B.A. Dar, Sr. AAG
Coram : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
ORDER
CrlM No. 531/2020
1. This application for grant of interim bail has been filed on behalf of the accused on medical grounds in FIR No.04/2020 u/s 5(1)
(d) read with Section 5(2) P.C. Act and sections 465, 467, 468 & 120-B RPC registered at Police Station ACB Srinagar.
2. The applicant seeks grant of bail on the ground that he has tested positive for COVID-19. He being a chronic patient of diabetes and hypertension, having his weak immune system, due to these co- morbidities, the affliction of corona-virus may prove fatal for him. It is his specific plea that as he is not asymptomatic but exhibiting fever, therefore, is desirous of availing the best medical facility for his treatment.
3. Mr. B. A. Dar, learned Sr. AAG appearing for the respondents in his written objections has pleaded that the applicant has played fraud with the Bank being its head/custodian has put it to huge loss. According to learned Sr. AAG, the applicant has 2 CrlM No. 531/2020 in Bail App No. 66/2020 misrepresented the facts before the Court and attempted to play fraud, therefore, does not deserve any indulgence or concession from this Court.
4. The applicant filed the present application on 02.09.2020 stating that the applicant has tested positive for COVID-19 but without accompanying any proof in support of the plea raised by him.
5. However, it is only on 09.09.2020, he was tested for COVID-19 and declared positive for the same. Thereafter, the applicant was immediately isolated and shifted to COVID-CARE CENTRE (Gujjar and Bakerwal Hostel), Tulsi Bagh, Srinagar, having all the medical facilities and round the clock treatment required for COVID-19 as per the guidelines issued and due care is being provided to him.
6. Heard learned counsel for the parties.
7. On 08.09.2020, this application was listed and the respondents were directed to provide the status of the applicant's health. As per the report, the applicant was found positive for Covid- 19 on 09.09.2020, for which he is being treated in a COVID-CARE CENTRE.
8. Prior to this as per the record annexed, the applicant was tested for COVID-19 on 10.08.2020 and was found negative. This application filed on 02.09.2020 was supported only by an affidavit stating that the applicant has tested positive for Covid-19. It is, therefore, only a ploy to seek relief without any supporting evidence. The learned counsel for the applicant was unable to explain how the applicant had tested positive for the same except submitting that the 2 CrlM No. 531/2020 in Bail App No. 66/2020 applicant's son-in-law was informed that he is positive so he filed the application, how he acquired the knowledge for the same is missing in the application also.
9. The applicant has made a false representation, therefore, he is not entitled to seek any benefit or indulgence of this Court for the same.
10. In view of the aforesaid facts, there is no reason to grant bail to the applicant on grounds as raised in this application. This application, therefore, is devoid of any merit and the same is dismissed. This, however, will have no bearing on bail application which is listed on 24.09.2020.
(Sindhu Sharma) Judge SRINAGAR 18.09.2020 SUNIL-II SUNIL KUMAR 2020.09.19 18:29 I attest to the accuracy and integrity of this document