SRINAGAR: The J&K high court has re¬jected bail application of an approver in CET-2012 scam, allegedly engineered by the former chairman of Board of Professional Entrance Examinations (BOPEE) Mushtaq Ahmad Peer.
While dismissing his plea, a division bench of Chief Justice N Paul Vas¬anthakumar and Justice Hasnain Mossodi however directed superintendent of jail to get Farooq Ahmad Itoo, the approver, exam¬ined by gastroenterologist at SKIMS here so that all possible medical treatment is provided to him.
“We are of the opinion that case in hand does not at all call for the petitioner’s enlargement on bail in exer¬cise of inherent powers un¬der section 561 CRPC,” the bench said, adding, “This order shall not stand in way of petition to make one more bid for bail on fresh ground if any available to him.”
The court observed that it is only after the entire evidence is brought on re¬cord that trial court may be in a position to see whether person accepting tender of pardon has adhered to as¬surance given by him.
“We have to realise that approver was think with accused or co-conspirators before he volunteered to turn approver. His deci-sion to help criminal jus¬tice machinery to punish guilty may be appreciated by society but is bound to be resented by his friends with whom formed conspiracy. They are bound to take him traitor and nurse rancour and bitterness against him and there is harm that he may be put to harm in the event he is let off on bail,” the division bench said.
Itoo is in jail for more than year and half. He had sought bail, contend¬ing that he has been hon¬est in disclosing informa¬tion touching the alleged scam and withstood cross examination. Be¬sides his own health rea¬sons, he had also prayed that his family including ailing parents have been put to immense hardship due to his continued incar¬ceration.
The crime branch has filed charge sheet against sixty persons in the scam and include 29 students, 24 parents and 6 brokers besides Peer, who continues to be be¬hind bars since his ar¬rest in November 2013.