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| CJM Kishtwar rejects bail for sacrilegious act | | |
Asif Iqbal Naik
Jammu, Oct 11: Chief Judicial Magistrate Kishtwar Ajay Kumar Gupta rejected the bail of Sajjad Hussain Son of Ghulam Nabi Sheikh and Zakir Hussain Son of Jaan Mohammad both residents of Tatani Saroor of Tehsil & District Kishtwar accused for doing sacrilegious act.
The accused persons moved bail application before C.J.M Kishtwar through their counsel pleading therein that the accused are entitled to all the fundamental rights enshrined in the constitution concerning their liberty to the person and life, pleaded that they are innocent and not committed any offence much less attributed against them which was objected by Prosecuting Officer, and pleased that the offence committed by the accused persons is heinous and non-bail able carries punishment up to 10 years. PO stated that the accused has hurt the sentiments of minority community and has no respect for the law of land, besides the investigation is still at initial stage and if the accused is granted bail at this stage it will shatter the investigation, the crime committed by the accused persons has put the peace and security of the area under threat .The accused is unscrupulous persons and can jump upon the bail and personal bond. The defense counsel for accused and Prosecuting Officer for state argued at length, after hearing the arguments of both sides and going through the Case Diary, the court rejected the Bail of accused persons, who had been booked by the police vide FIR No: 249/2012 under section 298-A RPC , and have been arrested by police on 29.09.2012. CJM further observed that the court has taken into consideration various factor like nature of accusations leveled against the accused, the seriousness of the offence, the nature of the offence against the accused, background and the character of the accused and the capacity to influence the witnesses and the last but not the least the public interest at large. As in the present case the offence alleged against the accused is very serious and the investigation is at initial stage, there appears to be some substance in allegations leveled against the accused as per the statements of the witnesses recorded under section 161 Cr.P.C which have fully supported the case of prosecution. The CJM Kishtwar has further referred the Judgments of Supreme Court in case titled Anwari Begum V/S Sher Mohammad and Ors, reported in AIR 2005 Supreme Court 3530 , and Judgement of J&K High Court in case titled Sanjay Sharma V/S State of J&K , reported in 2003 (20 SLJ ). It is worth mentioning here that the offence committed by the accused in Tatani village of Saroor, have sparked a wide resentment in minority community , and a daylong shut down with strong protest demonstrations were observed at Kishtwar . This act of accused persons have griped tension in the area , but timely action of police and taking the accused into police custody have pacified the agitating peoples. |
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