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| TADA Court grants conditional bail to Bitta Karate | | |
Jammu, October, 23
Presiding Officer TADA Court Wani ND today granted conditional bail to Farooq Ahmed Dar alias Bitta Karate, who has been languishing in jail from November 1990 in different cases including the present case with the direction that he be released from the custody forthwith if he furnishes bail bond to the tune of Rs 1 lakh and personal bond of the like amount.
In the present case Bitta Karate was facing trail in a FIR NO 24/1990 u/s 3/4 TADA, 302/307 RPC and 3/25 Arms Act. According to the prosecution case that on March 5, 1990 constable Nazir Ahmed who was on duty at Badshah Chowk, lodged a report with Police Station Misuma that some unidentified militants opened fire upon the BSF Vehicle from Kokar Bazaar, which resulted in injuries to BSF personnel namely Ravinder Kumar and Omi Kumar and death of Mohd Shafi Dar (civilian). The BSF personnel retaliated and Mohd Ashraf Khan sustained injuries. A case u/s 307 RPC, 3/25 Arms Act and 3/4 TADA was registered and during investigation offence u/s 302 RPC was also added. The security forces arrested Manzoor Ahmed Sofi alias Shalla and Farooq Ahmed Dar alias Bitta Karate on June 16, 1990 and June 22, 1990 respectively. It is alleged that on their interrogation they confessed about the occurrence that took place on March 5, 1990 at 7:30 AM at Badshah Chowk near Kokar Bazaar. Farooq Ahmed Dar alias Bitta Karate recorded his statement before Mr. K Rajindra the then SP South Srinagar on April 27, 1991 and Manzoor Ahmed Sofi alias Shalla recorded his confession statement before SP Crime Branch Special Cell Jammu on September 2, 1992. Investigating officer relying upon these statements concluded that the accused in a criminal conspiracy to spread terrorism and create terror in the mind of public at large, fired upon BSF vehicle at Badshah Bridge in pursuance of the conspiracy, which resulted injuries and death to civilians. The prosecution objected bail application on various grounds including that accused is a Pak trained militant and has committed multiple crimes and he is not entitled to concession of bail. The accused in the present case has committed the murder of civilian Mohd Shafi Dar and seriously injured Mohd Ashraf Khan and two BSF personnel. The prosecution further stated that Bitta Karate threatened the Joint Director prosecution in the open court, which shows that he has not mended his ways yet.
In his 6 pages bail order the Presiding Officer TADA Court Wani ND observed that accused is facing incarceration for the last 16 years is not disputed and it is also not disputed that his other co-accused who are facing trial have already been granted bail. Farooq Ahmed Dar alias Bitta Karate was detained under PSA, which has been quashed by the Apex Court. In view of this it cannot be ignored that inordinate delay caused in framing of charge is either because of the fault of prosecution or the defense but the fact remains that accused for his no fault is languishing in jail for years together and there is no justification in continuation of the accused/petitioner incarceration when other co-accused leveled with the same allegations are enjoying the fruits of liberty. The court is aware of the fact that the allegations leveled against the accused are of serious nature and carries punishment of death sentence or life-imprisonment but the fact that the prosecution has betrayed total disinterest in arguing the case for charge which has caused inordinate delay in holding the trail of the case, which is in violation of Article 21 of the Constitution. Accused Farooq Ahmed Dar alias Bitta Karate who is in custody for a term of 16 years is entitled to the concession of bail keeping in view the law of parity because his other associates who are charged with identical allegations have already been bailed out.
Presiding Officer further observed that relying upon the law it is crystal clear that inordinate delay caused in trial of the case entitles the accused for the concession of bail and moreover, when the co-accused in the same case have been enlarged on bail, the accused Bitta Karate facing trail is also entitled for this concession on the principle law of parity. With these observations TADA court granted bail Farooq Ahmed Dar alias Bitta karate s/o Mr. Ghulam Rasool Dar r/o Guru Bazaar Srinagar for a period of four months at the first instance with the direction that he will ensure that administration of justice is not hampered. The accused is further directed to remain present during trial and he shall not tamper with the prosecution evidence or indulge in the commission of offence of like nature. He will not leave the jurisdiction of this state without prior permission of the court. He shall report to police station Misuma once a fortnight and SHO P/S Misuma is directed to send a report regarding the appearance of the accused to this court.(JNF)
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