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news details
HC rejects bail of Pak spy
12/2/2020 11:44:46 PM
EARLY TIMES REPORT

JAMMU, Dec 2: Justice Sanjay Dhar of J&K High Court Jammu Wing rejected the bail application of Pankaj Sharma of Tarore, Samba who was working as an operative of Pakistani intelligence agencies.
As per the allegations made in the charge sheet, the Incharge Police Post Narwal received a source information on 04.03.3020 to the effect that petitioner-accused used to sent photographs of the vital installations of Indian territory through face book messenger to Pakistan ISI agency in lieu of money affecting the security, integrity and sovereignty of the country. On this information a case FIR No: 78/2020 under section 121 IPC & 3 EAO was registered by Police Station Bahu Fort against the accused. The petitioner-accused on the same day was apprehended near bypass road Narwal
Justice Sanjay Dhar after hearing Sr. Adv KS Johal for the applicant whereas AAG Aseem Sawhney for the UT observed that the petitioner is alleged to have hobnobbed with ISI of Pakistan and passed on photographs of vital installations and troops movement to them. It is an open secret that the Country, particularly, Union Territory of J&K is facing onslaught of terrorist activities from the neighbouring country, which is orchestrated by ISI of Pakistan. Therefore, providing of vital information and photographs to the intelligence agency of an enemy country, to my mind, is nothing but waging war against the country and it also falls squarely within the definition of offence punishable under Section 3 of Enemy Agents Ordinance. There is yet another aspect of the matter. A perusal of the charge- sheet shows that the investigation in the case is not complete and only part of the investigation has been completed in consequence whereof, the charge-sheet has been laid against the petitioner before the trial Court. It is clearly stated in the charge-sheet that co-accused in this case, who belong to Dubai, Abu Dhabi and Maharashtra are yet to be arrested and interrogated. The Investigating Agency has submitted that after their arrest and interrogation, supplementary charge-sheet will be produced before the Court. Therefore, if petitioner is granted bail, at this stage, it is definitely going to hamper further investigation of the case and in fact it may derail further investigation of the case. The material on record shows that the petitioner has connection with agents living in Dubai and Abu Dhabi and as such, the possibility of his fleeing from the course of justice cannot be ruled out. With these observations High Court rejected the bail application. JNF
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