SRINAGAR — Special Judge Anticorruption Srinagar CL Bavoria rejected the plea of Parvez Ahmad Nengroo former Chairman Jammu & Kashmir Bank releasing his passport which was surrender by him before ACB as condition of bail.
The release of passport has been sought on the grounds projected in the application that the above titled case is pending disposal before this court.
The applicant’s passport has been retained by this court while admitting him to bail. The applicant has strictly adhered to the terms and conditions of the bail order in letter and spirit and shall continue to do so.
The children of the applicant are at the crucial stages of their educational career. The passport of the parents is an important document for their children to demonstrate before the concerned authorities during pursuing any educational or professional career and in the absence of his passport they are facing a lot of hardships, discomfort and displeasure and its continuous retention is going to detrimentally effect the education career of his children.
The applicant undertakes to produce the passport if released, as and when directed and required in the matter during trial and also undertakes not to leave the country without prior permission of this court.
Special Judge Anticorruption Srinagar CL Bavoria after hearing both the sides observed that applicant is one of the main accused in case FIR No. 10/2019 for offence u/s 5(2) of P. C. Act, case pending disposal before this court, fixed on 09-04-2022 for arguments on charge/discharge of the accused.
The passport of the applicant has been retained while admitted the accused/applicant to bail as per the condition laid down there in the bail order that he will surrender the passport before this court, is not in dispute.
The charge sheet reflects that applicant/accused along-with other officials in hierarchy in the concerned Bank allegedly have misused their official position with the nefarious design to cause wrongful gain to themselves and loss to the concerned bank, have made recruitments of blue eyed persons, kith’s and kins of politicians, bureaucrats and other influential persons as Banking Associates and Assistant Banking Attendants in J&K Bank, by back door appointment in complete disregard to recruitment process and rules governing such recruitment.
Court further observed that the applicant has sought the release of the passport on the sole ground that the children of the applicant are at the crucial stage of their education career and they require the passport details of his father during pursuing their educational or professional career.
The ground pleaded is evasive and not specific. Such a ground is not convincing in absence of any specific pleading to disclose as to when and where the passport of the applicant is required by the children of the applicant.
Merely saying so, the release of the passport in favor of the applicant/accused is not proper, particularly when the retained passport is of the accused and not of his children. Nothing has been on record to suggest which children of the applicant is studying and by whom the passport of the applicant is demanded by which authority or office.
It is in the said circumstances, there find force in the argument of the Learned Spl. PP wherein he submitted that the grounds projected by the applicant in his application does not hold good for releasing of the passport.
The judgments relied upon the learned counsel for the applicant are not applicable to the present case as the facts of the case law aforementioned are different to the ground taken by the applicant, hence are of no helpful to the case projected by the applicant.
In view of the above, therefore, Court found no merit in the application and is hereby, dismissed.