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| Court denies bail to police cop facing trial in EAO case | | |
JAMMU, MAY 14
Principal Sessions Judge, Jammu, Mr. JR Kotwal dismissed bail application filed by Mohd Altaf, a member of state police force facing trial in Enemy Agent Ordinance ( EAO)case.
According to the prosecution story the accused was arrested on March 16, 2000 by the P/ S Nowabad Jammu. As per the record of recovery, two pencil time-bombs, cassettes and two Kg RDX was recovered on disclosure. The seized cassettes contained provocative speeches instigating the youth of the state for indulging in sabotage activities.
Public Prosecutor Mr. EA Tak opposed the bail application on the ground that accused who was the member of state police force is involved in heinous offence which is against security interest of the country and his release on bail would be against general national interest and would also adversely effect the trial of the case. The counsel for the accused Adv Liaqat Ali Choudhary submitted that the evidence fails to connect the accused with commission of offence and that inordinate delay of more than six years has violated the fundamental right of speedy trial of the accused that entitles him to release on bail.
Principal Sessions Judge, after hearing both the sides, observed though delay in completion of trial is an important factor for consideration in an application for bail but there are other important factors as well as the decision of the Supreme Court in the case of State of UP Vs Amar Mani Tripathi. These factors whether there is any prima-facie or reasonable ground to believe that the accused has committed offences, nature and gravity of charges, severity of punishment in the event of the conviction danger of accused absconding are fleeing if released on bail. All these factors would weigh jointly as well as severally and even one factor may weigh in not granting the bail, considering the nature and heinousness of the offence allegedly committed by the accused, severity of punishment provided for the offence make it a case not fit for bail. With these observations, Court rejected the bail application and dismissed the same.
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