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| | | Early Times Report
Jammu, Mar 25 : Three alleged militants, including a “divisional commander” of Harkat-ul-Jihad-Islami (HUJI), were granted `bail in default’ by the court of Sub Judge (Mobile Magistrate Excise) Jammu after the police failed to produce charge-sheet within the stipulated time period.
As per the police report, Muzaffar Illahi alias Suhail, “divisional commander” of HUJI, was arrested by the Special Operation Group of Jammu and Kashmir police during a surprise naka near Jammu railway station on December 21.
Some arms and ammunition were claimed to have been recovered from his possession and on his sustained interrogation, Muzaffar disclosed name of his accomplice Ilam Din, from whose possession police later recovered arms and ammunition including Pica gun. Father of the militant, Ghulam Ahmed, was also arrested from his home alongwith hawala money of Rs 1.26 lakh.
Police claimed that the accused Muzaffar Illahi had come to Jammu to target civilian areas on the behest of Pakistan’s ISI.
The accused moved a bail application before the court of Excise Magistrate Jammu under section 176 (2) CrPC claiming bail on the pretext that the police has failed to file the charge-sheet within sixty days as provided in the Criminal Procedure Code.
The Excise Magistrate Sunil Gupta after hearing Advocates Firdous Tak, M.S Malik and Rajeev Gorka, counsels for the applicants, observed that under Section 167 (2) CrPC, the accused has got unfettered right to be released on bail if the charge sheet against him is not filed within prescribed period of 60 days from the date of first remand against him.
The prescribed period of sixty days has since long been elapsed and no charge sheet has been filed, may be due to any reason, right has been conferred upon the accused persons to be released on bail, the court observed, while allowing the application and grating bail to all the three accused Muzaffar Illahi, Ghulam Ahmed and Ilam Din subject to the condition that the accrued furnish bail bonds to the tune of Rs 25,000 each.
In case of failure on other part to furnish the required bail bonds, the accused persons No 1 and 3 shall remain in judicial custody at Kote Bhalwal jail, Jammu as they are already lodged there in connection with imposition of Public Safety Act (PSA), while accused No 2 shall remain in custody at District Jail Jammu, till he furnishes the required surety bond, the court added further.
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