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Suspended SHO Mirza files bail application
Court directs CPO to file report along with objections
10/8/2009 10:35:35 PM
Early Times Report
Jammu, Oct 08- In a bail application filed by Advocate O P Sharma seeking release of Sultan Mohammed Mirza the then SHO Gandhi Nagar Police Station, Special Judge Anticorruption Jammu BL Bhat directed the Chief Prosecuting Officer to produce the report from the concerned Investigating Officer and file objections.
The accused SHO is allegedly involved in destroying evidence of Amandeep Singh’s murder besides involved in corruption case.
In the bail application it has been submitted that applicant was arrested by Special Investigation Team constituted for investigating case FIR NO 247/2009 registered with police station Gandhi Nagar u/s 302/34/201/120-B RPC r/w section 3/25 Indian Arms Act and also allegedly involved in the offence of u/s 201/120-B of RPC.
During the course of arguments Advocate OP Sharma submitted that offence for the alleged commission, on which applicant has been arrested being bailable and his continued detention amounts to “wrongful confinement”. He further submitted that when the investigation of case FIR 247/2009 of P/S Gandhi Nagar was going, another FIR No 275/2009 u/s 5(2) Prevention of Corruption Act r/w 161/165 RPC was registered against the applicant along with other police officers on September 30, 2009. He submitted that the case under the PC Act was absolutely false and baseless. The applicant along with others responsible for the destruction of evidence in case of FIR 247/2009 with consideration of wrongful pecuniary gains is a subject matter of investigation by the SIT though the offence u/s 5(2)-Z PC Act had not been added formally to list of offences under FIR NO 247/2009. He further submitted that applicant had already been arrested for the alleged commission of offence and denied that the applicant committed any offence that to take of an offence under Prevention of Corruption Act and prayed for grant of bail of the applicant. JNF
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