After over 50 days in jail, Desh Raj gets bail from HC
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After spending over 50 days behind bars, former Superintendent of Police (city) Desh Raj was granted bail by the Punjab and Haryana High Court on Thursday.
An FIR was registered against him on October 18 on corruption charges at CBI police station, Sector 30. Desh Raj had approached the high court after his bail application was rejected by the CBI Court. On December 10, Justice Paramjeet Singh had reserved the orders on his bail plea.
On Thursday, the high court granted him bail subject to his furnishing bail bonds with two sureties, each of Rs 2 lakh to the satisfaction of the Special Judge, CBI Court.
Justice Singh observed that the CBI contention — that evidence in the shape of voice recording clearly indicates the demand and acceptance of the bribe — could not be appreciated at this stage. "While deciding bail, court is not required to consider technical questions... It is the function of the trial court only," he remarked.
The high court noted that there was nothing specific that showed that the amount was sought as a bribe. It was yet to be determined at the time of trial. "The family and his minor daughter are suffering in the absence of the petitioner and even his daughter's further treatment has been delayed," read the judgment.
However, the court said the petitioner should be present during the next dates of hearing. "If he wants to remain absent, then he shall take prior permission of the court," said the judgment.
Justice Singh granted liberty to the CBI to make an appropriate application for modification/recalling this order if, for any reason, the petitioner violated any of the conditions imposed by the high court.
One more night in jail
Although the Punjab and Haryana High Court allowed the bail application moved by the IPS officer, he will have to spend another night behind bars as the orders were passed late in the evening. "Once the orders are signed, these will be sent to the CBI special court where the case is actually being heard. Only after that will the sanction be made and Desh Raj will be released," said Vishal Garg Narwanam, counsel for Desh Raj.