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| Court rejects bail of alleged militant | | | Early Times Report
Ramban, Jan 04- Rejecting the bail application of an alleged militant Altaf Hussain son of Abdul Rehman of Gool Ramban who was arrested on August 28, 2007, the Principal Sessions Judge Ramban Bala Joyti observed that the applicant is charged with unprecedented nature of crime endangering the security of the country.
After hearing Public Prosecutor G.N Manhas appearing for the state and Advocate IH Malik appearing for the applicant and going through the case file, the Judge observed tat there is a is a clear bar under Section 497 CrPC against release of an accused person on bail where it appears to the court that there are ‘reasonable grounds’ for believing that he has been guilty of an offence in which punishment for imprisonment for life or death sentence is prescribed, subject however to certain exceptions incorporated therein. The applicant’s case is, by no means covered under any exception rather he is charged with unprecedented criminal nature of crime. It will not be exaggeration to say at this stage that accused is involved in the commission of offence in which he is charged for endangering the security of the country in a kind of offence which may be categorized as ‘organized crime’. Indeed the accused is the resident of this district but that by itself does not furnish grounds for his release on bail. Although charge sheet is presented against the accused after investigation, the Court cannot lose sight, the apprehension expressed by the prosecuting agency that release of applicant on bail on the ground of incarceration by itself may give way to many other similarly placed accused persons in that case even the lawlessness is sure to be unleashed in the state though the normalcy is limping back in the state after harrowing and traumatic situation for more than twenty years. Indeed the general rule is to grant bail even in non-bailable offences provided there are circumstances for releasing of an accused due to the nature of charge, evidence and various other factors of the like nature yet in cases endangering the security of country call for “jail and not bail”.
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