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Surrender to avail anticipatory bail: Supreme Court to CM Jha

Written by Meghalaya Times. Posted in Front Page

Staff Reporter
SHILLONG, July 24: In a temporary relief to Chandra Mohan Jha (CMJ), the Supreme Court on Friday has posted that Jha would be released on bail till the next date of hearing on his anticipatory bail application, only if he surrenders first or gets arrested.
The Apex Court heard the Counsels of the petitioner and issued notice to Meghalaya Government to respond. Jha was represented by senior advocate, Uday U Lalit and others.


A Division Bench consisting of Justice AK Patnaik and Justice MY Eqbal, in the order said “in the event the petitioner is arrested in connection with the FIR CID case No. 2 (4) of 2013 under section 420, 406/466; he will be released on bail to the satisfaction of the arresting authorities.”
Jha approached the Supreme Court after his application for anticipatory bail was rejected by the Meghalaya High Court on May 16 last.
The case against Jha began after former Meghalaya Governor RS Mooshahary first filed an FIR against the CMJ University, as a visitor, on April 26 this year. He unearthed that the private University was allegedly issuing PhD degrees violating provisions of the laid norms. CMJ was formed under a State legislation.
On April 26 last, the case was handed over to the CID and a case under section 406/420/466 IPC was registered. Jha was named by the investigating agency as one of the accused.
The court of the Chief Judicial Magistrate (CJM) here issued a non-bailable arrest warrant against Jha in connection with the CID case on May 13. Subsequently, Jha applied for an anticipatory bail that was rejected by the High Court, so Jha approached the Supreme Court.
Meanwhile, the Apex Court has fixed August 2 next as the date for hearing of the petitioners - CMJ Foundation, CMJ University and Jha – who filed a Special Leave to Appeal (Civil) before the Supreme Court.
In this particular case, it was first contested at the High Court by the petitioners that the Governor’s order to discontinue admission at CMJ University and refund of fees of students holds no legal ground. This appeal of the petitioners was dismissed by Chief Justice T Meena Kumari on May 16 who upheld the legality of the Visitor’s order.
CMJ filed a writ petition before a division bench of the High Court to review this order of Justice Meena. But, Justice T Nandakumar Singh and Justice SR Sen dismissed the writ appeal. Finally, the petitioners approached the Apex Court and filed the Special Leave petition.


 

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