news details |
|
|
| Court grants bail to accused allegedly involved in ESA, Arms Act | | |
JAMMU, JULY 19- 2nd Additional Sessions Judge Jammu Mr. AK Koul allowed the bail application filed by Mohammed Taj s/o Mohammed Hussain who was studying in 3rd semester in an institute and was in the jail since last one month in a case u/s 4/5 Explosive Substance Act and 7/25 Arms Act pursuant to be found in possession of grenade and investigation is still going on.
2nd Additional Sessions Judge, after hearing Prince Khanna appearing for the petitioner and Additional Public Prosecutor appearing for the state, observed that the presence of the accused during trial must be the primary concern of the Court, before it could grant concession of the bail in favour a person. In the present case we do not have any thing on the record to show that petitioner if released on bail would misuse this concession in any manner, simply prosecution saying that there are chances of petitioner jumping bail or tempering with evidence would not in the view of the Court suffice to reject bail. The deprivation of personal liberty of an individual must be founded on most serious considerations but in this case Court does not find any such consideration being projected by prosecution convincingly. Refusal of bail to the petitioner in view of all these factors would mean punishing him before trial. On the one hand law is very much concerned about the welfare of society but at the same the interests of an accused have also to be watched. Petitioner is presumed to be innocent till he is proved to be guilty and so refusing bail to him would mean anticipating the end result of the trial, which is yet to be commenced. With these observations, Court granted bail to the petitioner provided he furnishes personal bond in the amount of Rs 50,000 and solvent surety in the like amount
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
