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| Sensation Gandoh murder | | HC directs Judicial Magistrate for appropriate orders | | Early Times Report
Jammu, Jan 27- Vacation Judge of Jammu and Kashmir High Court Jammu Wing Justice Hakim Imtiyaz Hussain in a bail application filed by the accused Natha Singh allegedly involved in much publicized murder case of NC Sarpanch Ghulam Mohd Rather has directed Judicial Magistrate First Class Gandoh to consider the petition already moved by the petitioners and pass appropriate orders in accordance with law.
While disposing off the review petition, the Vacation Judge observed that the Court finds that the Court at Gandoh has got the jurisdiction to examine the matter relating to the release of the accused on bail and otherwise and pass the appropriate orders in the matter. The counsel for the petitioners stated that petitioners have already moved a petition before the said Court in this behalf. Upon this the High Court disposed off the review petition with a direction to the petitioners to approach the Judicial Magistrate Gandoh and also directed to consider the petition already moved by the petitioners and pass appropriate orders accordance with law.
According to the case the deceased Ghulam Mohammed Rather happened to be childhood friend and class-fellow of Ex-Chief Minister Ghulam Nabi Azad. The relation of the deceased approached the then Chief Minister Ghulam Nabi Azad who belongs to the same area as by that time sequence of events was clearly indicating a conspiracy having been hatched by one Abdul Rashid brother-in-law of Mohammed Sharief Naiz former power minister, his nephew Fiaz Mohammed and Mohammed Younis along with others under the alleged guidance of Mohammed Sharief Niaz for doing away with the life of deceased Ghulam Mohammed Rather. The then Chief Minister of being informed about the whole episode by a delegation of the people of the area headed by ex-MLC Mohammed Iqbal Bhat at his residence on February 5, 2007, immediately asked IGP Crime & Railways on telephone to look into the matter seriously and not to spare any one whosoever influential he may be. Immediately thereafter it seems that Faqir Mohammed appeared before IG Crime & Railways and disclosed the names of the persons involved in the heinous crime.
In the criminal review, Advocate Sudershan Sharma appearing for the petitioners submitted that petitioners are aggrieved of order passed by the CJM Jammu on January 1, 2009 and also order passed by the Duty Magistrate Gandoh (Bhalessa). A case under FIR No 22/2007 u/s 302, 341 and 109 RPC stands registered at Police Station Gandoh against the petitioners and other accused persons. The police could not complete the investigation within the prescribed period of 60 days as such the Judicial Magistrate (Forest) Jammu directed the release of petitioners subject to furnishing of their surety bonds and bail bonds. Later the CJM Jammu vide order January 1, 2009 held d that the Court at Jammu has no jurisdiction to try or commit or trial the case as the occurrence has taken place outside the jurisdiction of Court. This order forced the petitioners to approach the judicial magistrate Gandoh for their release after acceptance of their bail bonds and surety bonds.
The counsel for the petitioner further submitted that the Magistrate refused to accept the bail bond on the ground that the bail has been granted by a court at Jammu as such the said court is not competent to pass any order of bail and accept the bail bonds. Thereafter the petitioners filed a review petition in the State High Court which was listed before the Vacation Judge at Jammu today. JNF
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