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| `Lady militant ‘denied bail | | | EARLY TIMES REPORT
Jammu, October-13 (JNF):- Principal Sessions Judge Jammu today rejected the bail application of Yasmeen Begum who was arrested and is in custody since January 7, 2011.
The petitioner/accused submitted that she is in custody since January 7, 2011. The charge was descended upon her on April 20, 2011 and till today only seven witnesses have been examined by the prosecution. None of the witness has supported the prosecution version specifically with regard to Enemy Agent Ordinance and the witnesses to the disclosure statement and seizure of weapon have been declared hostile. She has not committed any offence nor is remotely connected with the commission of offence which is also evident except that she is the relative of the one of the most wanted militant of the Doda District. She is not involved in any other case and if kept in the society of hard core criminals, it will harm her reputation.
The Court after hearing the parties denied the bail application on the ground that the offence committed by the petitioner/accused is heinous The material witnesses are yet to be recorded by the prosecution and she does not deserve for any concession of bail as she is facing the trial in which security of the State is at stake. Finally has prayed for dismissal of the bail application. Only seven witnesses have been examined by the prosecution and statements of the material witnesses are yet to be recorded. The plea of the petitioner/accused that the prosecution witnesses have not stated anything against her, at this stage, cannot be appreciated because scanning of the record has emanated that stage has not come yet and in case while delivering a judgment in the bail application the evidence is appreciated with regard to the commission of offence whether the petitioner/accused is guilty of an offence punishable with death penalty or imprisonment for life, is not permissible and divulging of any kind of opinion will prejudice either of the party. The accused/petitioner has been charge-sheeted u/s 3 of EAO, 7/25 Arms Act & 212/216 RPC and the embargo laid down u/s 497/498 CrPC stands attracted for bail being taken because the offence alleged to have been committed and where the accused/petitioner has been charge-sheeted is punishable with death penalty or imprisonment for life. The charge still continues to be in the same manner and there is no alteration of the charge neither any circumstance has arisen. With these observations Court rejected the bail application of accused. JNF
JNF/OCTOBER/13/2011/2
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