Early Times Report
Jammu, June 3: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice Arun Palli and Justice Rajesnh Oswal dismissed the bail application Burhan Din Wani@ Burhan a LeT militant.
Appellant, was apprehended on 03.04.2020 in the case FIR upon the disclosure of the co-accused namely Azad Ahad Bhat and Altaf Ahmad Baba who were first in point of time, arrested from the house of one Ab. Razaq Bhat S/o Gh. Ahmad Bhat of Shalipora Langate, Handwara and from whom arms and ammunitions came to be recovered; that subsequent to the disclosure of the afore named accused, the Appellant was arrested and recovery of ‘Hand Grenade’ was made at his instance.
DB after hearing both the sides observed that It is true, that the counsel for the Appellant, has contended before the learned Special Court that the alleged disclosure and the consequent recovery in relation to the Appellant was not at all proved at the trial of the case which is at the advanced stage. It is the stand of the Appellant that as against 21 prosecution witnesses 17 witnesses have been examined including the material witnesses cited in respect of the disclosure and recovery, who have not supported the same as their testimonies recorded at the trial are full of material contradictions and discrepancies. As hereinbefore mentioned, the learned trial court at the stage of consideration of the bail application was not required to scan and weigh the evidence as is being done at the conclusion of the trial but had to see only whether the involvement of the Appellant appears to be Prima facie true. In the backdrop of the aforementioned legal scenario, we are of the opinion that the learned trail court has passed a legally maintained order, which does not admit of any interference. While hesitating to comment on the nature and quality of the evidence so far adduced at the trial, we agree with the opinion of the learned trial court that he was not required at the stage of the consideration of a bail application to weigh and scan the evidence to find out contradictions and conjectures. The Appeal is accordingly dismissed, DB ordered. JNF |
