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| Fresh warrants against Nago brothers; cops denied bail | | | Early Times Report
Jammu, Nov 16: IN credence to the arguments of prosecution representing Special Investigation Team (SIT) probing evidence destruction in Amandeep murder case, the State High Court today rejected bail plea of Chowdhary Nagar Singh and his brothers Rakesh and Ujjagar Singh, the alleged key conspirators on weapon fudging.
Meanwhile, a Sessions Court separately hearing the case also rejected bail application of tainted Police officers –the former SSP Jammu Manohar Singh, then SHO Gandhi Nagar Police Station Sultan Mirza and Sub Inspector Satnam Singh.
In the 26 page approved for reporting judgment Justice Sunil Hali, after hearing senior Advocate MA Goni, Advocates Ashok Parihar, MA Bhat, Ashtsham Bhat and Ajay Singh Kotwal for the petitioners and senior Advocate Sunil Sethi assisted by Advocate Sudreshan Sharma appearing for the petitioners, referred various judgments including the judgment of the Supreme Court and observed that contention of the petitioners that the present process has been unleashed against to wreck vengeance with the intend to destroy their business and status in the society cannot be accepted because the process against the petitioners has been issued only after it was revealed that the weapon of offence used in the crime has been fudged by them in conspiracy with then Superintendent of Police and other members of the earlier constituted Special Investigating Team. It is not any body’s case that the petitioners were harassed prior to the date when it came to the notice of the authorities concerned that there has been fudging of weapon of offence. The process issued against the petitioners is only to secure their presence in the investigation for which necessary steps under law have been taken against them.
The court further observed that the issue is no longer res-integra as to what are the requirements before the Court grants an order of anticipatory bail. Additional burden is cost on the court while passing such an order as it has to see the nature and seriousness of the offence, character of evidence and amongst others the larger public interest has also to be kept in view. Taking all the facts and the circumstances into consideration Court do not find any ground in the present bail application to grant bail in anticipation of arrest of the petitioners. With these observations, Court dismissed the bail application which was found to be without merit.
Meanwhile, Principal Sessions Judge Jammu B L Bhat also rejected the three bail applications filed by suspended and arrest S Manohar Singh former SSP, Sultan Mohammed Mirza then SHO P/s Gandhi Nagar Jammu and Satnam Singh Sub-Inspector then posted in the police station Gandhi Nagar, allegedly involved in fudging of evidence in Amandeep Singh murder case.
After hearing battery of lawyers appearing for the petitioners and senior advocate appearing for the state and after going through the charge sheet submitted under section 173 of Cr. P.C and considering the bail pleas of the petitioners in the context of material assembled during investigation, the Sessions Judge observed that Court found that this is not a common rut of the mill case. Petitioners occupied a position in criminal justice system as envisaged under Police Act and while petitioners Satnam Singh and Sultan Mehmood Mirza were conducting investigation in the case at different stages, the petitioner Manohar Singh Superintendent of Police, exercised superintendence and control over investigation. Thus the petitioners were linked with the broad day light murder of Amandeep Singh in their capacity as officers connected with investigation. Therefore, the two instances of fudging of material evidence, one relating to the Desi Katta allegedly used by accused Jatinder Singh in shooting the deceased and the other relating to the fired bullet extricated from the body of deceased cannot be perceived as a panic reaction by an ordinary criminal to wipe out the traces of crime. The two instances of alleged fudging of evidence appear to be acts of design as revealed by the material collected during investigation.
Taking cognizance of challan produced by the SIT in Amandeep’s murder case, the Court issued non-bail able warrants against Choudhary Nagar Singh, Choudhary Jagar Singh and Rakesh Kumar for securing their presence in the Court and fixed November 25, 2009 for arguments on framing charge. JNF
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