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| Facing trial in alleged fake encounter | | Bail application of two cops dismissed | | Early Times Reporter
Jammu | Sep 5
THE 3rd Additional Sessions Judge, Jammu, Sanjay Gupta, today dismissed the bail application of Ichpal Singh (HC) r/o Rafiabad, Baramulla and Gurmit Singh, the then SPO, who along with one Warsh Shah, the then I/C SOG Camp Budgam are facing trial, in alleged fake encounter, in which one Mohammed Ayub Dar was killed and the case was registered on the findings of State Human Rights Commission u/s 302 RPC.
Taking suo moto cognizance of the report published in a newspaper on June 6, 1999 that a 17- year minor boy namely Mohammed Ayub Dar was killed by SOG Badgam, the State Human Right Commission, on August 26, 2003 recommended registration of FIR against Waris Gill and his companions. The case was transferred from Budgam Court to Srinagar Court by the High Court order and later to Jammu Court under a Supreme Court order.
3rd Additional Sessions Judge, after hearing APP GS Charak and counsel for the petitioner observed that in the present case the accused persons have committed murder of a young boy and in case of conviction; applicants can be punished up to life imprisonment or death. It is law when accused is charge-sheeted u/s 302 RPC is not entitled for bail unless special case is made out. In the present case material witnesses are yet to be examined and the accused are in custody since more than three years. Court has already directed APP to produce witnesses promptly and even bailable warrants have been issued against the witnesses. It is also a fact that maximum number of witnesses are hailing from Srinagar; mere it is not enough to grant bail. Court is of the view that no grounds for grant of bail have been made out by the applicants at this stage. Accordingly the present bail application is dismissed.
It is worthwhile to mention here that accused Ichpal Singh, a highly decorated police official, has received many gallantry awards and Sher-e-Kashmir Police Medal and was also recommended for President's Medal at that time when a case was registered against him along with other accused. JNF |
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