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| Kishtwar Police fail to produce challan in stipulated 180 days | | Hawala operatives get default bail | |
Asif Iqbal Naik
kishtwar, Feb 13: Chief Judicial Magistrate Kishtwar Ajay Kumar Gupta ordered release of alleged hawala operator Tanveer Ahmed Gainoo and his father Ghulam Qadir Gainoo residents of Tender Dachhan as Prosecution failed to present the challan against the duo in stipulated time of six months.
Tanveer was arrested by the Kishtwar Police from Chatroo on Kishtwar-Srinagar National Highway along with Rs. 3 lakhs hawala money transported form Srinagar to Kishtwar meant for Hizb commander Mohammad Ammin Butt alias Jahangir Saroori presently active in Marwah, Dachhan and Chicha belt of district Kishtwar.
Both the accused were released on bail subjected to the furnishing of two surety bond of Rs. 25000 each, beside a personal cash surety bond of Rs. 20000. The order of release of the accused on bail by the CJM Kishtwar comes in wake of failure of Kishtwar police in submitting the challan in case FIR NO:- 51/2012 dated 14-08-2012 for the offence u/ss 120-B/122 RPC 13/17 Unlawful Activities Act and 4/5 E.S Act registered against the accused at police station Chatroo in stipulated 180 days. The court while granting the bail in favour of the accused stated that the court have gone through the contents of the bail applications as well as the objections filed by the prosecution, beside Case Diary (CD) file has also been produced before the court which reveals that the accused Tanvir Ahmed has been arrested in FIR No. 51/2012 for the offence u/ss 120-B/122 RPC 13/17 U.L.A Act and 4/5 E.S Act followed by the arrest of his father two days later.
While slamming the police investigation, CJM Kishtwar in his order observed that it was not understandable that even after the expiry of 180 days the investigating officer has not filed the challan before the court despite the fact that in view of Section 45 of the U.L.A. Act there was no bar for the I.O to present the challan before the court even without the sanction, the only plea which was taken by the prosecution for not presenting the challan.
While granting default bail in favour of the accused, CJM Kishtwar put certain restrictions on both the accused which includes that the accused will remain present before the IO as and when required and will assist the IO in all respects to complete the investigation, the accused will not try to win over or influence the prosecution witnesses in any manner and the accused will not leave the jurisdiction of this court without prior permission of this court. |
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