STATE TIMES NEWS
JAMMU: Sub-Judge Jammu Pawan Sharma on Friday rejected the bail application of Rakesh Kumar, an employee of Jammu and Kashmir Academy of Art and Culture and Languages (JKAACL), who has withdrawn Rs. 12,23,900 by fraud and cheating from official account.
After hearing APP Puja Nijhon for the UT whereas Advocate Vinod Kumar Sharma for the applicant, the court observed that applicant accused is working in Public Office and hence his responsibility is more than others. “The accused has withdrawn a huge sum by forging signatures and the money is public money. As far the punishment is concerned the offence carries punishment up to 7 Years and fine. There are also chances that accused can influence the witnesses who could be his colleagues working in same office. The fact that the public money has not been recovered is also a factor which goes against the accused. The accused deserve no leniency from this court as he has failed on all the counts and parameters”, the court observed and rejected the bail application.
While rejecting the bail application, court took serious note of Investigating Officers and observed that this court is not satisfied with the progress of investigation made by investigating agency. “Huge money belonging to public has been withdrawn illegally, but the investigating agency has arrested only applicant in the case so far, who claims himself to be Class IV Employee in the office. It is also found that the money has not been recovered so far and no effective steps have been taken by the I/O concerned and the investigating agency has failed to conclude the investigation and also trace the other accused in the case. It appears to be unbelievable that money was withdrawn at regular intervals over a period of 8 months but the concerned DDO / Office-in charge failed to check the fraud being committed in the office. In these circumstances SHO Gandhi Nagar is directed to supervise the investigation properly and even may hand over the investigation to some competent officer so that truth comes out”, the court observed.
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