| DB Raps Trial Court, upholds bail in UAPA case | | | Early Times Report
JAMMU, Apr 21: The High Court of Jammu & Kashmir and Ladakh has upheld the bail granted to the accused in a UAPA case registered at Police Station Tral, while at the same time strongly disapproving the manner in which the trial court handled the matter.
The appeal was filed by the Union Territory against the order dated November 30, 2023, passed by the Special Judge designated under the NIA Act, Pulwama, whereby Shahid Nazir Bhat and others were released on bail in FIR No. 149/2022 for offences punishable under Sections 18, 23, 38 and 39 of the ULA(P) Act and Section 7/25 of the Arms Act.
The Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal observed that the trial court, while granting bail, had reproduced the statements of prosecution witnesses and returned findings which were contrary to those statements. The High Court said it did not endorse "the mode and casual manner" in which the issue had been dealt with by the trial court.
Appearing for the appellant, Ms Maha Majeed, Assisting Counsel, vice Mr Mohsin S. Qadri, Senior AAG, argued that the trial court had enlarged the respondents on bail despite the bar contained in Section 43(D) of the ULA(P) Act and had wrongly appreciated evidence at the bail stage. On the other hand, Mr Shahrukh Dar, Advocate, appearing for the respondents, submitted that out of eight prosecution witnesses, six had already been examined and none had made any incriminating statement against the accused.
The Bench noted that when the impugned bail order was passed, only five witnesses had been examined and three were yet to be examined. It further recorded that in the last more than two years, the prosecution had been able to examine only one more witness.
However, taking into account that the respondents had remained on bail for over two years and that no fresh complaint had been made against them, the High Court held that it was not proper to interfere at this stage. The Court clarified that in case of any breach of the bail conditions, the prosecution would be at liberty to approach the trial court for cancellation of bail.
While disposing of the appeal, the High Court directed the trial court to conclude the trial as expeditiously as possible and also observed that the court below shall not get influenced by any observation made in the impugned bail order while appreciating the evidence.
(JNF) |
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