JUDGMENT : M.K. Hanjura, J. 1. The applicant is alleged to be involved in the commission of offences u/s. 5(1)(c), 5(1)(d) r/w section 5(2) of the Prevention of Corruption Act in case FIR no. 21/2018 registered against him at P/S VOJ Jammu. He seeks bail in anticipation of arrest. 2. In the application the applicant has stated that FIR no. 21/2018 has been registered against him after a long delay. He is innocent and has not committed any offence. He has been diagnosed as a case of mal-functioning of liver with chronic hyperglycemia. The threat perception looms large on his head at Jammu and therefore, he was forced and coerced to knock at the portals of this court seeking bail in his favour. 3. In the status report filed by respondents/state it has been pleaded that FIR no. 21/2018 for the Commission of offences u/s. 5(1)(c), 5(1)(d) r/w 5(2) PC Act, 2006 has been registered against the applicant on the culmination of a verification conducted in a written complaint lodged by Shri Mohd. Zaffar S/o. Shri Ghulam Abbas R/o Ward No. 08 District Rajouri alleging therein that Pranav Gandotra, I/C TSO Rajouri and Kalakote received an amount of Rs. 81,20,914/- from Assistant Director CA&PD, Rajouri, through two official cheques on account of handling charges, meant to be disbursed to the concerned private ration dealers in Rajouri. The said officer disbursed lesser amount to private dealers and has wrongly withdrawn the remaining amount from the treasury. In the verification, it came to the fore that Pranav Gandotra then I/C TSO Rajouri received two cheques issued by Assistant Director CA&PD Rajouri bearing numbers 132004 dated 03.06.2015 & 132014 dated 10.06.2015 amounting to Rs. 39,56,094/- and Rs. 41,64,820/- respectively for disbursement among the private ration dealers which was already due. It also surfaced during verification that on the one hand the said I/C TSO reflected in the official record the disbursement of whole amount but on the other hand credited lesser payment in the bank account of private ration dealers and in this way he misappropriated the remaining amount. It is further stated that the Verification conducted in respect of four ration dealers reveals that an amount to the tune of Rs. 2,92,600/- has been misappropriated which may swell up during investigation while scrutinizing whole record pertaining to all the private ration dealers within his jurisdiction.
It is further stated that the Verification conducted in respect of four ration dealers reveals that an amount to the tune of Rs. 2,92,600/- has been misappropriated which may swell up during investigation while scrutinizing whole record pertaining to all the private ration dealers within his jurisdiction. By acting in this manner, the I/C TSO Pranav Gandotra by abuse of official position and by manipulating the official record is alleged to have misappropriated the government money meant for disbursement among the private ration dealers on account of handling charges. 4. It is further pleaded that during the course of investigation, search warrant for conducting the house searches at residential premises of accused/applicant herein situated at House No. 60/3 Channi Himmat Jammu and flat Nos. 1203 & 1204 Block A, Royal Palm Apartment, Akhnoor Road, Jammu was obtained from the Court of Special Judge Anti-Corruption Jammu and subsequently searches at above mentioned premises were conducted and during search, incriminating material in the form of immovable and movable property was recovered and seized in the case on 19.07.2018. During the course of investigation, verification file on the basis of which the above referred FIR stands registered was seized. The accused/applicant herein was called on 20.07.2018 by the IO in the VOJ for cooperating in the investigation, but instead of cooperating with the investigation, the accused herein approached the Hon'ble High Court of J&K at Jammu and preferred a petition vide CRMC No. 458/2018 titled Pranav Gandotra v. State of J&K & Ors. for seeking quashment of the above referred FIR in which he is an accused. The said petition came to be listed before the court and the Court been pleased to dismiss the Same. 5. Heard and Considered. 6. The petitioner/applicant has concealed a material fact in his application i.e. filing of a petition before the Jammu Wing of the High Court for quashing the FIR no. 21/2018 registered against him and its subsequent dismissal by this Court. Otherwise also, taking into consideration the gravity of the offences leveled against the accused who has misappropriated a huge chunk of money, the petition of the petitioner merits dismissal. The power U/S 497 Cr. PC is of extraordinary character and has to be exercised sparingly) in exceptional cases only. There are no compelling grounds for the Court to exercise its discretion U/S 497 A Cr.PC in favour of the petitioner.
The power U/S 497 Cr. PC is of extraordinary character and has to be exercised sparingly) in exceptional cases only. There are no compelling grounds for the Court to exercise its discretion U/S 497 A Cr.PC in favour of the petitioner. It is the beaten law of the land that the bail U/S 497A Cr.PC cannot be granted in favour of an Official against whom allegations of fraud, tampering with the public record and charge of corruption are leveled (Mohammad Ashraf Malla v. CBI, 2012 (4) JKJ 347 [HC]). Viewed in the above context, the application is dismissed. The applicant shall surrender himself before SHO, Vigilance Organization Jammu and he shall be at liberty to file an application for the grant of bail in his favour. 7. Disposed of accordingly.