Bail Application of Sumit Khajuria, CE/KRCL & R.K.Jain, Dir/Paras RailTeck has been rejected 2nd time by J&K HC
Highcourt said in a order passed on 25th March, In the face of the aforesaid observations of the Supreme Court, it is clear that while considering grant or refusal of #bail in a #corruption case of huge magnitude, a different approach has to be adopted and the mere fact that the offence for which an accused is booked does not carry imprisonment for life or sentence of death does not by itself become a ground for grant of bail to the accused in such cases.
Court said, In the present case, as already stated a huge amount of cash has been recovered from the residence of the petitioner-#SumitKhajuria who has been found to be acting in conspiracy with petitioner-#RajeshKumarJain. The investigation, as is clear from a perusal of the Case Diary, is at a crucial stage as the investigating agency is yet to ascertain the source of huge amount that has been recovered from the residence of petitioner-Sumit Khajuria. As per the prosecution case there is a strong suspicion that petitioner-Rajesh Kumar Jain has indulged in illegal transactions with petitioner-Sumit Khajuria in previous past as well.
All these facts need to be verified during the investigation of the case, which to my mind has not progressed much after the dismissal of bail applications of the petitioners by the learned Special Judge of Special Court of CBI. Thus, situation as on date is that investigation of the case is not complete. Grant of bail to the petitioners, at this stage is, therefore, likely to impact the investigation of the case particularly because Petitioner-#SumitKhajuria is a high ranking officer of the level of #ChiefEngineer and, as such, has the capacity to influence the witnesses and to tamper with the evidence.
Similarly, petitioner-#RajeshKumarJain is holding the position of #Director in his Company #ParasRailTech and, as such, he has the resources and potential to influence the further investigation of the case. Thus, grant of bail to the #petitioners at this stage is likely to thwart the course of justice.
It is true that this Court being a superior Court has jurisdiction to entertain the #bailapplications of petitioners even without any change of circumstances after the dismissal of the earlier bail applications by the learned Special Judge. However, in the present case the petitioners have not waited even for a week to approach this #Court after dismissal of their applications by the learned Special Judge. Their bail applications were dismissed by the learned Special Judge on 25.02.2025 and present bail applications have been moved on 27.02.2025 i.e., within two days without there being an iota of change in the circumstances. On this ground also the bail applications of the petitioners do not deserve to be allowed.
For the foregoing reasons, both the bail applications filed by the petitioners are found to be without any merit at this stage and are dismissed, accordingly. The petitioners shall be, however be at liberty to file fresh bail applications before the learned Special Judge after the filing of the charge-sheet.
The Indian Railways should take immediate action against M/s Paras Railtech, considering allegations of fraud and economic offenses. Here’s a breakdown of the necessary steps:
Vigilance Inquiry
- The Railway authorities must conduct a thorough vigilance inquiry into all ongoing works of M/s Paras Railtech to verify the allegations.
- This inquiry should be conducted in accordance with the Vigilance Handbook-2013 and the Railway Services Conduct Rules 1966.
Contract Termination
- If the inquiry finds evidence of fraud or economic offenses, the Railway authorities should terminate all works of M/s Paras Railtech as per the General Conditions of Contract.
- Termination should be done in accordance with the contractual provisions and applicable laws.
Disciplinary Action
- If the inquiry finds any Railway officials involved in the alleged irregularities, disciplinary action should be taken against them.
- The disciplinary action should be in accordance with the Railway Services Conduct Rules 1966 and the Vigilance Handbook-2013.
Transparency & Accountability
- The Railway authorities should ensure transparency throughout the inquiry and contract termination process.
- The outcome of the inquiry and any subsequent actions should be communicated to all stakeholders, including the public.
Allegations of Railway Officers Sending Bribe Money Abroad
There have been allegations that some railway officers are sending bribe money outside India, with some of their children residing in countries like those in Europe, America, and Australia.
Possible Investigation Agencies
- Central Bureau of Investigation (CBI): India’s premier investigative agency, handling cases of corruption and financial crimes.
- Enforcement Directorate (ED): Responsible for enforcing economic laws and investigating financial crimes, including money laundering.
- Income Tax Department: Can investigate tax evasion and unaccounted income.
Relevant Laws and Regulations
- Prevention of Corruption Act, 1988: Prohibits corruption and prescribes penalties for public servants.
- Foreign Exchange Management Act (FEMA): Regulates foreign exchange transactions, including those related to bribe money.
- Income Tax Act, 1961: Governs income tax laws, including those related to unaccounted income.
International Cooperation
- Mutual Legal Assistance Treaties (MLATs): India has MLATs with several countries, allowing for cooperation in investigating and prosecuting crimes.
- International Organization for Economic Co-operation and Development (OECD): India is a member of the OECD’s Working Group on Bribery, which promotes cooperation in combating bribery.
Key Considerations
- Investigation and Prosecution: A thorough investigation and prosecution of the allegations are crucial to ensuring justice.
- International Cooperation: Cooperation with international agencies and countries may be necessary to track and recover bribe money sent abroad.