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Non-production of Priyanka
HC directes SSP Jammu to produce her in court
11/11/2010 11:55:36 PM
Early Times Report
JAMMU, November-11 (JNF):- In the much publicized inter-community marriage, Justice JP Singh today granted interim bail to petitioner Mohd Aslam Khan against whom FIR u/s 366 was registered with the police station Pacca Danga Jammu and directed to release him from custody forthwith on his furnishing personal bond and bail bond to the tune of Rs 10,000 each. Court observed that life and liberty of petitioner Priyanka Pandoh alias Shaheen Khan was protected from any interference are damaged to it and directed SSP Jammu to make all out efforts to trace and produce Priyanka Pandoh alias Shaheen Khan in the Court on the next date that is November 16, 2010.
Justice JP Singh after hearing Advocate Pranav Kohli and Advocate Hency Maini appearing for the petitioners whereas AAG Gagan Basotra for the state directed SHO P/S Pacca Danga Jammu to file a detailed report, indicated steps taken by him, till date, to ensure the compliance of orders in locating and producing Priyanka Pandoh in the Court by the next date of hearing.
Vishal Sharma SHO Pacca Danga Jammu who was directed by the Court to produce Priyanka Pandoh in the Court, again expresses is inability to produce her as she could not be located by him.
Priyanka Pandoh and Mohd Aslam Khan had approached the High Court apprehending interface into their married life by the private respondent. It was during the pendency of petition, FIR was registered at P/S Pacca Danga Jammu on the complaint of Sonia Pandoh, the mother of Priyanka Pandoh. Priyanka Pandoh is stated to have been taken into custody by the police on November 8, 2010. Because of her unwillingness to make statement, supporting the complaint, she appears to have been handed over to her mother.
Court had directed Additional Advocate General appearing for the state and its police functionaries, to produce Priyanka Pandoh and Mohd Aslam Khan in the Court vide order dated November 9, 2010. Non-production of Priyanka Pandoh in the Court indicates that no serious efforts appears to have been made by the SHO P/S Pacca Danga Jammu to ensure compliance of the orders of the Court. At this stage counsel for the petitioners submitted that the state respondents were avoiding appearance of Priyanka Pandoh in Court, so as to harass Mohd Aslam Khan against whom police had failed to collect any evidence so far. Counsels prayed for the release of Mohd Aslam Khan from custody.
Justice JP Singh took serious note for not production of Priyanka Pandoh alias Shaheen Khan in the Court and observed that looking to the sequence of events in the case and finding that Priyanka Pandoh, despite being with the police have not made any statement supporting complainant, because according to the Incharge Police Post Rehari she was not in a fit state of mind to make statement, the material placed on record by the petitioners indicating that Priyanka Pandoh and had married with Mohd Aslam Khan. It is considered appropriate to admit Mohd Aslam Khan to interim bail in FIR NO 190/2010 registered at P/S Pacca Danga Jammu u/s 366 RPC and directed to release him from custody forthwith. JNF
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