news details |
|
|
| Court grants bail to abetment of kidnapping accused | | | Jammu, Sep 20 : Duty Magistrate Jammu Sanjay Parihar has granted bail to Mohammad Majeed son of Bashir Ahmed resident of Chawadi, Jammu who was arrested by Channi police station for allegedly abetting kidnapping of a minor girl.
As per the prosecution story the accused was arrested on September 10, 2006 in respect of case FIR No. 54/06 under section 363 RPC. He has been accused of abetting kidnapping of sixteen years Rasheeda Bibi, who has allegedly been abducted by one Ghulam Mohammad.
The girl as well as accused was being searched and till date their whereabouts were not known. It was claimed that during the course of investigation the police came to know that the accused Muhammad Majeed has' abetted the commission of offence.
After going through the police report and hearing arguments from the both sides, the court came to the conclusion that accused is stated to be involved in commission of offence of abetment for commission kidnapping but the police, in its report, has nowhere alleged as to what act petitioner has performed for facilitating the commission of offence by accused.
The accused, court said, has been in custody for the last three days and sufficient time has been availed by the investigating agency to affect his custodial interrogation. As on now the accused despite having been put to custodial interrogation has not provided and leads to the police for affecting the recovery of the kidnapped girl.
The court further observed that bail is not to be refused as a mark of punishment though the kidnapped girl is yet to be recovered. But taking in to consideration that petitioner-accused is in custody for the last three days, his further detention is not going to help the investigating agency simply because the girl is yet to be recovered, the present petitioner cannot be kept in custody, it added further.
In the facts and circumstances of the case denial of bail to the petitioner-accused will give an impression to him that he is being punished for an act, which is yet to be proved, the court observed while granting bail to the accused. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
