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| DB grants bail to PDP leader Waheed Parra | | |
Early Times Report
SRINAGAR, May 25: A division bench of Jammu & Kashmir and Ladakh Srinagar wing comprising Justice Sanjeev Kumar and Justice Vinod Chatterji Koul today granted bail to PDP leader Waheed Ahmed Parra.
While granting bail the DB observed that from reading of the final report, it is abundantly clear that the prosecution is relying upon the evidence collected during the investigation which only points to the appellant having been seen in the company of one Yousaf Gadoora, an alleged over ground worker of a proscribed terrorist organization.
The DB observed that prima facie, we could not find any allegation in the final report which shows the association of the appellant with any terrorist organization, that too, with an intention to further its activities. Rather, the appellant is shown to be a member of a recognized political party i.e. Peoples Democratic Party which has remained in power in the erstwhile state of Jammu and Kashmir. There is nothing believable on record to demonstrate that the appellant has supported any terrorist organization with an intention to further activities of such organization. Simply because the appellant has been seen on some occasions with a person with doubtful credentials cannot itself lead to the conclusion that the appellant is either a member of a terrorist organization or is lending support to such organization with an intention to further its activities. The DB observed that it is, thus, clear that merely the accused having been seen in the company of a member of a terrorist organization without doing anything more is not enough to attract the applicability of UAPA Act.
The DB observed that it may be noted that with regard to the aforesaid allegation, the Special Judge, NIA Jammu has already admitted the appellant to bail. The allegation with regard to the plan made by the appellant to procure five AK- 47 rifles may amount to making preparation for committing the offence, but cannot be tantamount to commission of offence under Section 17 of UAPA Act. So far as Section 13 of UAPA is concerned which the appellant is also charged with, it does not fall in Chapters IV or VI of UAPA Act and, therefore, saved from the rigours of section 43-D of UAPA Act in the matter of grant of bail to the person accused of such offence.
The DB after hearing both the sides, allowed the appeal and set-aside the order dated 20-7-2021 passed by the Special Judge, NIA Srinagar and the appellant is admitted to bail in connection with FIR No.31/2020 registered in Police Station, CIK Srinagar. The Superintendent, Central Jail, Srinagar, is directed to release the appellant, provided he is not involved in any other case, after the appellant furnishes before him a personal bond of rupees one lac with a surety of the like amount. This order shall be subject to the conditions That the appellant will make himself available before the Investigating Officer of the case, as and when required to do so; he will not leave the UT of Jammu and Kashmir without prior permission of the trial Court; he shall surrender his passport, if any, before Investigation Officer against proper receipt; he will appear before the trial Court on each and every hearing of the case. |
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