CBI court rejects bail of Hilal Rather

Kashmir Times. Dated: 3/31/2020 11:49:11 PM

JAMMU, Mar 31 (JNF): Special Judge CBI Jammu Rajesh Sekri today heard the proceedings of bail application of Hilal Rather who was allegedly involved in Rs 177 Crore J&K Bank Scam, through Video-Conferencing, Whatsapp Video call, rejected the same.
The case related to the alleged misappropriation of crores of rupees from the term loans running into Crores sanctioned by Jammu and Kashmir Bank for his ambitious township project known as Paradise Avenue at NarwalBala Jammu in the year 2012. The investigation conducted by the Bureau has revealed that Paradise Avenue, a Partnership Concern of Hilal Rather, Dr Rizwan Raheem Dar of Sanant Nagar Srinagar, Ghulam Mohd Bhatt of Baramulla Kashmir, Daljeet Wadhera and Deepshikha Jamwal of Jammu was sanctioned a term loan of Rs 74.27 crores in the first phase and in relaxation to the credit policy of the bank which restricts loan to a partnership firm at Rs 40 crores and the loan was approved by the Board of Directors of the J&K Bank when Hilal Rather despite the fact that he had already entered into a OTS with the State Financial Corporation in the past. The remaining loan amount was granted by the Board despite the fact that the repayments of the first loan taken were not complete.
Hilal Rather, who also owns Simula Group of Companies, was being questioned for the last few months by the Bureau in connection with the siphoning off crores of rupees from the loan amount sanctioned by the New University Campus Branch of J&K Bank for the construction of Flats under the name of Paradise Avenue. He has been evading details of property raised & others transaction related to siphoning of funds meant for construction. It has also been revealed that the funds diverted have been used to purchase huge properties in abroad, holidaying abroad with family and friends and also for other entertainment activities. All the loan amounts availed by Hilal Ahmed Rather to tune of Rs.177 crore have become NPA.
Special Judge CBI Jammu Rajesh Sekri after hearing Sr. Adv Sunil Sethi along with Adv Pranav Kohli for the applicant whereas Sr. PP Manmohan Sharma for the CBI, observed that Counsels appearing for the petitioner have made a mention to consider the bail motion or the petitioner on the ground of medical emergency.
Court further observed that the medical record, produced by the petitioner, bears testimony to the fact that the petitioner was discharged from PGI, Chandigarh way back on 21.03.2020 in a stable condition.
Court further observed that although counsels for the petitioner have vehemently denied that medical record of the petitioner has been manipulated, but Sharma, Sr. PP has rightly submitted that second green page of the record where, "maintain hygiene & clean condition", is written is neither scaled nor signed by the PGI doctors.
Special Judge CBI further observed that "The medical condition of the petitioner has been described as stable, and as such, there is no question of extending him the concession of bail on medical grounds." Court also found force in the submission of the prosecution that given the condition of the accused and the prevailing situation, he is more likely to contract the virus, if he moves out of the jail. As discussed earlier, health condition of the petitioner is being monitored, on regular basis by the courts and the jail authorities. Therefore, release of the convalescent petitioner in this pandemic situation may otherwise have deleterious effect on his health and frustrate the purpose behind the lockdown. Be that it may, jail authorities can be directed to ensure proper hygiene in the jail.
With these observations Court observed that the petitioner has failed to make out a case of interim bail on the ground of medical emergency. Consequently, the petition for interim bail is dismissed. However, Supt District Jail is directed to ensure proper hygienic in jail premises in general and the room, where the petitioner has been lodged. The petitioner shall be also subjected to regular medical check-up.



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