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| Court rejects bail application of DySP allegedly involved in custodial killing | | | early times report
Jammu, Jan 24 (JNF): Principal Sessions Judge Ramban MA Choudhary has rejected the bail application of Sonaullah Naik Dy Superintendent of Police who allegedly was involved in custodial killing of a local youth.
After hearing Advocates AR Mustaq and BA Runial for the accused whereas Public Prosecutor GN Manhas for the state, Principal Sessions Judge Ramban M A Choudhary further observed that accused/applicant has been chargesheeted for the commission of the offences punishable under sections 302/342/201/120-B/109 RPC. Court said accused applicant had absconded for a period of more than four years. Therefore the apprehension of prosecution for jumping over the bail does not seem misplaced and thus the Court opinioned the accused/ applicant is not entitled to bail at this stage. With these observations Court dismissed the application.
The brief facts of the case are that on Ayaz Ahmad Wani 'deceased' was taken to Police custody by Incharge Police Station Banihal Inspector Sona-ullah Naik presently DySP, in Nov 1995 on the pretext that he is to be recruited as a Constable in Police Organization. When deceased did not return to his home his father Abdul Rashid Wani approached police officer concerned for release of his son lodged in the lock up at Police Station Banihal. The deceased was thereafter shifted to Police Station Ramban where his condition became so critical on account of injuries inflicted upon him in the police custody that he was then taken to Emergency Hospital Ramban from where he was referred to Govt Medical College Jammu where he was succumbed to his injuries on November 10, 1995. Father of the deceased alleged the deceased died as a result of physical torture of his son (deceased) in Police Station Ramban by some police officials including accused, and two surrendered militants he died and enquiry was conducted by the then SP Ramban and on basis of said enquiry a case was registered at Police Station Ramban vide FIR No. 65/1998 under sections 302/34 RPC.
The investigation conducted by the Crime Branch after investigation of the case laid the chargesheet for the commission of offences punishable under sections 304/342/201//109/120-B & 218 RPC, however, this Court vide order dated 12.09.2007 chargesheeted accused no. 3 to 5 under sections 302/342/201/120-B/109 RPC when the accused/applicant had been declared absconder by the committal court. (JNF) |
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