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| HC grants bail to Sajjan Singh in Kishtwar Riots case | | | Et Report
Jammu, Dec 26 : Justice Bansi Lal Bhat today granted bail to one Sajjan Singh allegedly involved in case registered under FIR NO 150/2013 P/S Kishtwar for offence u/ss 435, 436, 427, 332, 336, 353, 147, 148 and 149 RPC. In the petition filed by Sajjan Singh seeking quashment of the challan State Vs. Sajan Singh and ors, AAG HA Siddiqui informed that the petitioner has not been granted bail so far. Sr. Advocate Sunil submitted that in similar cases, bail has been granted by the same Court.
He was able to produce certified copy of order dated 25.11.2013 in terms whereof Zakir Hussain, Khursheed Ahmed, Sajjad Ahmed Najjar and Mubashar Hussain have been granted bail in case registered under FIR No.160/2013 which alleged commission of serious offences in addition to the offences alleged against the present petitioner. He further submits that he would be satisfied, if his prayer for bail is considered. He undertakes to raise the pleas adopted in the instant petition at the appropriate stage before the Trial Court.
The court after hearing both the sides observed that offences alleged against the petitioner are not punishable with capital sentence or life imprisonment. The offences alleged are governed by special procedure embodied in Section 259-A Cr.PC which postulates a speedy trial to commence within one week from presentation of Police report and conclusion of trial within a period of three months. The special provision governing bail in such offences is contained in Section 497-B which provides that in the event of investigation not being concluded within two weeks, the accused shall be entitled to bail. Admittedly, in the instant case, bail plea of petitioner was rejected more than three months before and the trail is yet to be concluded.
The rejection of bail came when the investigation was at the nascent stage. There is no justification for withholding bail to the petitioner now, more particularly when accused in similar cases of arson and rioting involving more serious offences have been admitted on bail and disposed of by directing the release of petitioner from judicial custody on furnishing surety and personal bonds in an amount of Rs.50,000/- each to the satisfaction of Special Judge (Sessions Judge), Kishtwar subject conditions. JNF |
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